November 23, 2020
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CS/CS/CS/HB 1271

1
A bill to be entitled
2An act relating to transportation; amending s. 212.055,
3F.S.; authorizing counties within or under an interlocal
4agreement with a regional transportation or transit
5authority to levy a discretionary sales surtax for
6transportation systems under certain conditions; providing
7that the county commission may apply the proceeds from the
8charter county transportation system surtax to the
9planning, development, construction, expansion, operation,
10and maintenance of on-demand transportation services;
11defining the term "on-demand transportation services";
12amending s. 310.0015, F.S., relating to pilotage rates;
13providing for such rates to be set by the Pilotage Rate
14Review Committee to conform to changes made by the act;
15amending s. 310.002, F.S.; revising the definition of the
16term "pilotage" to conform to changes made by the act;
17amending s. 310.011, F.S.; revising the membership of the
18Board of Pilot Commissioners; amending s. 310.151, F.S.;
19redesignating the "Pilotage Rate Review Board" as the
20"Pilotage Rate Review Committee"; providing that the
21committee is part of the Board of Pilot Commissioners;
22revising membership and providing for appointment of
23members from among the commissioners; requiring members to
24comply with specified disclosure requirements; providing
25that decisions of the committee regarding rates are not
26appealable to the board; directing the Governor to make
27certain appointments to the Board of Pilot Commissioners
28before a certain date; providing requirements for the
29transfer of pending matters; repealing s. 315.03(12)(c),
30F.S., relating to legislative review of a loan program of
31the Florida Seaport Transportation and Economic
32Development Council; amending s. 316.003, F.S.; defining
33the term "motor carrier transportation contract" for
34purposes of the Florida Uniform Traffic Control Law;
35amending s. 316.1001, F.S.; revising the method to be used
36to provide notice following the issuance of a citation for
37failure to pay a toll; providing that receipt of the
38citation rather than its mailing constitutes notification;
39authorizing any governmental entity, including the clerk
40of court, to provide certain data to the Department of
41Highway Safety and Motor Vehicles regarding outstanding
42violations for failure to pay tolls; amending s. 316.302,
43F.S.; revising reference to specified federal rules and
44regulations applicable to owners and drivers of commercial
45motor vehicles engaged in intrastate commerce; providing
46that certain indemnification provisions in motor carrier
47transportation contracts are against public policy and are
48void and unenforceable; defining the term "promisee," as
49used in motor carrier transportation contracts; provides
50an exception to such definition; providing for application
51to certain contracts; amending s. 316.515, F.S.;
52conforming a cross-reference; amending s. 316.545, F.S.;
53providing for a reduction in the gross weight of certain
54vehicles equipped with idle-reduction technologies when
55calculating a penalty for exceeding maximum weight limits;
56requiring the operator to provide certification of the
57weight of the idle-reduction technology and to demonstrate
58or certify that the idle-reduction technology is fully
59functional at all times; amending s. 316.550, F.S.;
60authorizing the department or local authority to issue
61permits for certain vehicles to operate on certain routes;
62requiring issuance of permits within a specified period
63after a request; providing restrictions on routes;
64providing conditions when vehicles must be unloaded;
65conforming a cross-reference; amending s. 318.18, F.S.;
66revising provisions for distribution of proceeds collected
67by the clerk of the court for disposition of citations for
68failure to pay a toll; providing alternative procedures
69for disposition of such citation; providing for
70adjudication to be withheld and no points assessed against
71the driver's license unless adjudication is imposed by a
72court; authorizing a court to direct the department to
73suspend a person's driver's license for violations
74involving the failure to pay tolls; amending s. 320.03,
75F.S.; clarifying provisions requiring that the tax
76collector withhold issuance of a license plate or
77revalidation sticker if certain fines are outstanding;
78amending s. 320.08, F.S.; providing that specified license
79tax provisions apply to wreckers used for certain
80purposes; amending s. 320.08058, F.S.; revising authorized
81uses of revenue received from the sale of United We Stand
82license plates; amending s. 322.27, F.S.; providing for
83assessment of points against a driver's license for
84specified violations of requirements to pay a toll only
85when the points are imposed by a court; repealing s.
86332.14, F.S., relating to the Secure Airports for
87Florida's Economy Council; providing for the use of funds
88accrued by the Secure Airports for Florida's Economy
89Council; amending s. 337.14, F.S.; revising application
90procedures for the qualification of contractors; requiring
91any required interim financial statement to be accompanied
92by an updated application; amending s. 337.401, F.S.;
93revising provisions for rules of the department that
94provide for the placement of and access to certain
95electrical transmission lines on the right-of-way of
96department-controlled roads; authorizing the rules to
97include that the use of the limited access right-of-way
98for longitudinal placement of such transmission lines is
99reasonable based upon consideration of certain economic
100and environmental factors; providing that removal or
101relocation of a transmission line shall be at the expense
102of the utility; amending s. 337.406, F.S.; prohibiting
103camping on certain parts of the right-of-way of the State
104Highway System; amending s. 338.155, F.S.; authorizing the
105department to adopt rules relating to the payment,
106collection, and enforcement of tolls; amending ss. 341.051
107and 341.3025, F.S.; requiring the use of universally
108accepted contactless fare media on new or upgraded public
109rail transit systems or public transit systems connecting
110to such rail systems; amending s. 343.64, F.S.;
111authorizing the Central Florida Regional Transportation
112Authority to borrow funds under certain circumstances;
113amending s. 348.51, F.S.; revising the definition for the
114term "bonds" when used in the Tampa-Hillsborough County
115Expressway Authority Law; amending s. 348.545, F.S.;
116authorizing certain costs to be financed by bonds issued
117on behalf of the Tampa-Hillsborough County Expressway
118Authority pursuant to the State Bond Act or bonds issued
119by the authority under specified provisions; amending s.
120348.56, F.S.; authorizing bonds to be issued on behalf of
121the authority pursuant to the State Bond Act or issued by
122the authority under specified provisions; revising
123requirements for such bonds; requiring the bonds to be
124sold at public sale; authorizing the authority to
125negotiate the sale of bonds with underwriters under
126certain circumstances; amending s. 348.565, F.S.;
127providing that facilities of the expressway system are
128approved to be refinanced by the revenue bonds issued by
129the Division of Bond Finance of the State Board of
130Administration and the State Bond Act or by revenue bonds
131issued by the authority; providing that certain projects
132of the authority are approved for financing or refinancing
133by revenue bonds; amending s. 348.57, F.S.; authorizing
134the authority to provide for the issuance of certain bonds
135for the refunding of bonds outstanding regardless of
136whether the bonds being refunded were issued by the
137authority or on behalf of the authority; amending s.
138348.70, F.S.; providing that the Tampa-Hillsborough County
139Expressway Authority Law does not repeal, rescind, or
140modify any other laws; providing that such law supersedes
141laws that are inconsistent with the provisions of that
142law; creating part XI of ch. 348, F.S.; creating s.
143348.9950, F.S.; providing a short title; creating s.
144348.9951, F.S.; providing that certain terms have the same
145meaning as in the Florida Expressway Authority Act for
146certain purposes; creating s. 348.9952, F.S.; creating the
147Osceola County Expressway Authority as an agency of the
148state; providing for a governing body of the authority;
149providing for membership, terms, organization, personnel,
150and administration; authorizing payment of travel and
151other expenses; directing the authority to cooperate with
152and participate in any efforts to establish a regional
153expressway authority; declaring that the authority is not
154eligible for voting membership in certain metropolitan
155planning organizations; creating s. 348.9953, F.S.;
156providing purposes and powers of the authority; creating
157s. 348.9954, F.S.; authorizing the issuance of bonds to
158pay or secure certain obligations; creating s. 348.9955,
159F.S.; authorizing the authority to enter into certain
160agreements; creating s. 348.9956, F.S.; authorizing the
161department to act as the authority's appointed agent under
162certain circumstances; creating s. 348.9957, F.S.;
163authorizing the authority to acquire certain lands and
164property; authorizing the authority to exercise eminent
165domain; creating s. 348.9958, F.S.; authorizing certain
166entities to enter into agreements with the authority;
167creating s. 348.9959, F.S.; providing legislative intent
168and a pledge of the state to bondholders; creating s.
169348.9960, F.S.; exempting the authority from taxation;
170creating s. 348.9961, F.S.; providing for dissolution of
171the authority under certain circumstances; amending s.
172369.317, F.S.; providing that certain activity relating to
173mitigation of certain environmental impacts in the Wekiva
174Study Area or the Wekiva parkway alignment corridor meet
175specified impact requirements under certain conditions;
176amending s. 373.41492, F.S.; increasing the mitigation fee
177for mining activities in the Miami-Dade County Lake Belt;
178suspending an annual increase in the mitigation fee;
179revising the frequency of an interagency committee report;
180amending s. 403.4131, F.S.; removing provisions relating
181to a report on the adopt-a-highway program; amending s.
182479.01, F.S.; defining the terms "allowable uses,"
183"commercial use," "industrial use," and "zoning category"
184and revising the definition of the terms "commercial or
185industrial zone" and "main-traveled way" for purposes of
186provisions relating to outdoor advertising; conforming
187cross-references; amending s. 479.07, F.S.; providing for
188the placement of new or replacement signs erected on an
189interstate highway in certain areas; requiring such sign
190to be located on land designated for commercial or
191industrial use under the future land use map and land use
192development regulations; exempting such location from
193specified evaluation criteria; amending s. 479.261, F.S.;
194removing a provision authorizing the Department of
195Transportation to rotate certain logo signs relating to
196gas, food, and lodging services on the rights-of-way of
197the interstate highway system during a specified period;
198reducing the annual permit fees for businesses
199participating in the interstate highway logo sign program;
200designating pts. I and II of ch. 479, F.S., entitled
201"General Provisions" and "Special Programs," respectively;
202creating pt. III of ch. 479, F.S., entitled "Sign
203Removal"; creating s. 479.310, F.S.; providing intent
204relating to unpermitted and illegal signs; placing
205financial responsibility for the removal of such signs;
206providing the department authority to recover costs of
207removal of such signs; creating s. 479.311, F.S.,
208providing jurisdiction to consider claims to recover
209costs; defining the term "venue" for the purposes of a
210claim filed by the department; creating s. 479.312, F.S.;
211providing that costs incurred by the department in
212removing certain signs shall be assessed against certain
213individuals; providing presumption of a ownership;
214creating s. 479.313, F.S.; providing for the assessment of
215the cost of removal for signs following the revocation of
216a sign permit; creating s. 479.315, F.S.; providing for
217the assessment of the cost of removal of signs located
218within a highway right-of-way; amending s. 705.18, F.S.;
219removing provisions for disposal of personal property lost
220or abandoned at certain public-use airports; creating s.
221705.182, F.S.; providing for disposal of personal property
222found on premises owned or controlled by the operator of a
223public-use airport; providing a timeframe for the property
224to be claimed; providing options for disposing of such
225personal property; providing procedures for selling
226abandoned personal property; providing for notice of sale;
227providing that the rightful owner of such property may
228reclaim the property at any time prior to sale; permitting
229airport tenants to establish lost and found procedures;
230providing that purchaser holds title to the property free
231of the rights of persons then holding any legal or
232equitable interest thereto; creating s. 705.183, F.S.;
233providing for disposition of derelict or abandoned
234aircraft on the premises of public-use airports; providing
235procedures for such disposition; requiring a record of
236when the aircraft is found; defining the terms "derelict
237aircraft" and "abandoned aircraft"; providing for
238notification of aircraft owner and all persons having an
239equitable or legal interest in the aircraft; providing for
240notice if the owner of the aircraft is unknown or cannot
241be found; providing for disposition if the aircraft is not
242removed upon payment of required fees; requiring any sale
243of the aircraft to be at a public auction; providing
244notice requirements for such public auction; providing
245procedures for disposal of the aircraft; providing for
246liability if charges and costs related to the disposition
247are more than that obtained from the sale; providing for a
248lien by the airport for fees and charges; providing for
249notice of lien; requiring recording of a claim of lien;
250providing for the form of the claim of lien; providing for
251service of the claim of lien; providing that the purchaser
252of the aircraft takes the property free of rights of
253persons holding legal or equitable interest in the
254aircraft; requiring purchaser or recipient to notify the
255Federal Aviation Administration of change in ownership;
256providing for disposition of moneys received for an
257aircraft sold at public sale; authorizing the airport to
258issue documents relating to the aircraft's disposal;
259creating s. 705.184, F.S.; providing for disposition of
260derelict or abandoned motor vehicles on the premises of
261public-use airports; providing procedures; requiring
262recording of the abandoned motor vehicle; defining the
263terms "derelict motor vehicle" and "abandoned motor
264vehicle"; providing for removal of such motor vehicle from
265airport premises; providing for notice to the owner, the
266company insuring the motor vehicle, and any lienholder;
267providing for disposition if the motor vehicle is not
268removed upon payment of required fees; requiring any sale
269of the motor vehicle to be at a public auction; providing
270notice requirements for such public auction; providing
271procedures for disposal of the motor vehicle; providing
272for a lien by the airport or a licensed independent
273wrecker for fees and charges; providing for notice of
274lien; requiring recording of a claim of lien; providing
275for the form of the claim of lien; providing for service
276of claim of lien; providing that the purchaser of the
277motor vehicle takes the property free of the rights of
278persons holding legal or equitable interest in the motor
279vehicle; amending s. 479.156, F.S.; conforming cross-
280references; providing an effective date.
281
282Be It Enacted by the Legislature of the State of Florida:
283
284     Section 1.  Subsection (1) of section 212.055, Florida
285Statutes, is amended to read:
286     212.055  Discretionary sales surtaxes; legislative intent;
287authorization and use of proceeds.-It is the legislative intent
288that any authorization for imposition of a discretionary sales
289surtax shall be published in the Florida Statutes as a
290subsection of this section, irrespective of the duration of the
291levy. Each enactment shall specify the types of counties
292authorized to levy; the rate or rates which may be imposed; the
293maximum length of time the surtax may be imposed, if any; the
294procedure which must be followed to secure voter approval, if
295required; the purpose for which the proceeds may be expended;
296and such other requirements as the Legislature may provide.
297Taxable transactions and administrative procedures shall be as
298provided in s. 212.054.
299     (1)  CHARTER COUNTY AND REGIONAL TRANSPORTATION SYSTEM
300SURTAX.-
301     (a)  Each charter county that has adopted a charter, and
302each county the government of which is consolidated with that of
303one or more municipalities, and each county that is within or
304under an interlocal agreement with a regional transportation or
305transit authority created under chapter 343 or chapter 349 may
306levy a discretionary sales surtax, subject to approval by a
307majority vote of the electorate of the county or by a charter
308amendment approved by a majority vote of the electorate of the
309county.
310     (b)  The rate shall be up to 1 percent.
311     (c)  The proposal to adopt a discretionary sales surtax as
312provided in this subsection and to create a trust fund within
313the county accounts shall be placed on the ballot in accordance
314with law at a time to be set at the discretion of the governing
315body.
316     (d)  Proceeds from the surtax shall be applied to as many
317or as few of the uses enumerated below in whatever combination
318the county commission deems appropriate:
319     1.  Deposited by the county in the trust fund and shall be
320used for the purposes of development, construction, equipment,
321maintenance, operation, supportive services, including a
322countywide bus system, on-demand transportation services, and
323related costs of a fixed guideway rapid transit system;
324     2.  Remitted by the governing body of the county to an
325expressway, transit, or transportation authority created by law
326to be used, at the discretion of such authority, for the
327development, construction, operation, or maintenance of roads or
328bridges in the county, for the operation and maintenance of a
329bus system, for the operation and maintenance of on-demand
330transportation services, for the payment of principal and
331interest on existing bonds issued for the construction of such
332roads or bridges, and, upon approval by the county commission,
333such proceeds may be pledged for bonds issued to refinance
334existing bonds or new bonds issued for the construction of such
335roads or bridges;
336     3.  Used by the charter county for the development,
337construction, operation, and maintenance of roads and bridges in
338the county; for the expansion, operation, and maintenance of bus
339and fixed guideway systems; for the expansion, operation, and
340maintenance of on-demand transportation services; and for the
341payment of principal and interest on bonds issued for the
342construction of fixed guideway rapid transit systems, bus
343systems, roads, or bridges; and such proceeds may be pledged by
344the governing body of the county for bonds issued to refinance
345existing bonds or new bonds issued for the construction of such
346fixed guideway rapid transit systems, bus systems, roads, or
347bridges and no more than 25 percent used for nontransit uses;
348and
349     4.  Used by the charter county for the planning,
350development, construction, operation, and maintenance of roads
351and bridges in the county; for the planning, development,
352expansion, operation, and maintenance of bus and fixed guideway
353systems; for the planning, development, construction, operation,
354and maintenance of on-demand transportation services; and for
355the payment of principal and interest on bonds issued for the
356construction of fixed guideway rapid transit systems, bus
357systems, roads, or bridges; and such proceeds may be pledged by
358the governing body of the county for bonds issued to refinance
359existing bonds or new bonds issued for the construction of such
360fixed guideway rapid transit systems, bus systems, roads, or
361bridges. Pursuant to an interlocal agreement entered into
362pursuant to chapter 163, the governing body of the charter
363county may distribute proceeds from the tax to a municipality,
364or an expressway or transportation authority created by law to
365be expended for the purpose authorized by this paragraph. Any
366charter county that has entered into interlocal agreements for
367distribution of proceeds to one or more municipalities in the
368county shall revise such interlocal agreements no less than
369every 5 years in order to include any municipalities that have
370been created since the prior interlocal agreements were
371executed.
372     (e)  As used in this subsection, the term "on-demand
373transportation services" means transportation provided between
374flexible points of origin and destination selected by individual
375users with such service being provided at a time that is agreed
376upon by the user and the provider of the service and that is not
377fixed-schedule or fixed-route in nature.
378     Section 2.  Paragraph (b) of subsection (3) of section
379310.0015, Florida Statutes, is amended to read:
380     310.0015  Piloting regulation; general provisions.-
381     (3)  The rate-setting process, the issuance of licenses
382only in numbers deemed necessary or prudent by the board, and
383other aspects of the economic regulation of piloting established
384in this chapter are intended to protect the public from the
385adverse effects of unrestricted competition which would result
386from an unlimited number of licensed pilots being allowed to
387market their services on the basis of lower prices rather than
388safety concerns. This system of regulation benefits and protects
389the public interest by maximizing safety, avoiding uneconomic
390duplication of capital expenses and facilities, and enhancing
391state regulatory oversight. The system seeks to provide pilots
392with reasonable revenues, taking into consideration the normal
393uncertainties of vessel traffic and port usage, sufficient to
394maintain reliable, stable piloting operations. Pilots have
395certain restrictions and obligations under this system,
396including, but not limited to, the following:
397     (b)  Pilots may not unilaterally determine the pilotage
398rates they charge. Such pilotage rates shall instead be
399determined by the Pilotage Rate Review Committee Board, in the
400public interest, as set forth in s. 310.151.
401     Section 3.  Subsection (7) of section 310.002, Florida
402Statutes, is amended to read:
403     310.002  Definitions.-As used in this chapter, except where
404the context clearly indicates otherwise:
405     (7)  "Pilotage" means the compensation fixed by the
406Pilotage Rate Review Committee Board which is payable by a
407vessel, its owners, agents, charterers, or consignees to one or
408more pilots in the port where piloting is performed. The word
409"pilotage" also means the compensation of all types and sources
410derived by one or more pilots or deputy pilots for the
411performance of piloting at that port by licensed pilots or by
412certificated deputy pilots, whether such piloting is performed
413pursuant to this chapter or is performed by state-licensed
414pilots or state-certificated deputy pilots when acting as a
415federal pilot for vessels not required by this chapter to use a
416state-licensed pilot or state-certificated deputy pilot.
417     Section 4.  Section 310.011, Florida Statutes, is amended
418to read:
419     310.011  Board of Pilot Commissioners.-
420     (1)  A board is established within the Division of
421Professions of the Department of Business and Professional
422Regulation to be known as the Board of Pilot Commissioners. The
423board shall be composed of 10 members, to be appointed by the
424Governor, as follows: five members 5 of whom shall be licensed
425state pilots actively practicing their profession; two members
426shall be actively involved in a professional or business
427capacity in the maritime industry, marine shipping industry, or
428commercial passenger cruise industry; one member shall be a
429certified public accountant with at least 5 years of experience
430in financial management; and two members shall be citizens of
431the state. The latter three board members shall not be involved
432in, or have any financial interest in, the piloting profession,
433the maritime industry, the marine shipping industry, or the
434commercial passenger cruise industry. The board shall perform
435such duties and possess and exercise such powers relative to the
436protection of the waters, harbors, and ports of this state as
437are prescribed and conferred on it in this chapter.
438     (2)  In accordance with the requirements of subsection (1),
439the Governor shall appoint five licensed state pilots who are
440actively practicing their profession and five citizens of the
441state who are not pilots, one of whom shall be actively involved
442in a professional or business capacity in maritime or marine
443shipping, one of whom shall be a user of piloting services, and
444three of whom shall not be involved or monetarily interested in
445the piloting profession or in the maritime industry or marine
446shipping, to constitute the members of the board. For purposes
447of this subsection, a "user of piloting services" may include
448any person with an ownership interest in a business that
449regularly employs licensed state pilots or certificated deputy
450pilots for the purpose of delivering piloting services, or any
451person who is a direct employee of, and who is employed in a
452management position for, that business. Each member shall be
453appointed for a term of 4 years. The Governor shall have power
454to remove members of the board from office for neglect of duty
455required by this chapter, for incompetency, or for
456unprofessional conduct. Any vacancy which may occur in the board
457in consequence of death, resignation, removal from the state, or
458other cause shall be filled for the unexpired term by the
459Governor in the same manner. A majority of those serving on the
460board shall constitute a quorum.
461     (3)  In appointing members to the board who are pilots, the
462Governor shall appoint one member from the state at large; one
463member from any of the following ports: Pensacola, Panama City,
464or Port St. Joe; one member from any of the following ports:
465Tampa Bay, Boca Grande, Punta Gorda, Charlotte Harbor, or Key
466West; one member from any of the following ports: Fernandina,
467Jacksonville, or Port Canaveral; and one member from any of the
468following ports: Ft. Pierce, Miami, Port Everglades, or Palm
469Beach.
470     Section 5.  Section 310.151, Florida Statutes, is amended
471to read:
472     310.151  Rates of pilotage; Pilotage Rate Review Committee
473Board.-
474     (1)(a)  As used in For the purposes of this section, the
475term:
476     1.  "Committee" "board" means the Pilotage Rate Review
477Committee established under this section as part of the Board of
478Pilot Commissioners.
479     2.  "Board" means the Board of Pilot Commissioners.
480     (b)1.  To carry out the provisions of this section, the
481Pilotage Rate Review Committee Board is established as part of
482the Board of Pilot Commissioners created within the Department
483of Business and Professional Regulation. Members shall be
484appointed by the Governor, subject to confirmation by the
485Senate. Members shall be appointed for 4-year terms, except as
486otherwise specified in this paragraph. No member may serve more
487than two consecutive 4-year terms or more than 11 years on the
488board. The committee board shall consist of the following seven
489members of the board: two board members who are licensed state
490pilots actively practicing their profession, who shall be
491appointed by majority vote of the licensed state pilots serving
492on the board; two board members who are actively involved in a
493professional or business capacity in the maritime industry,
494marine shipping industry, or commercial passenger cruise
495industry; one board member who is a certified public accountant
496with at least 5 years of experience in financial management; and
497two board members who are citizens of the state. No member may
498have ever served as a state pilot or deputy pilot, and no member
499may currently serve or have served as a direct employee,
500contract employee, partner, corporate officer, sole proprietor,
501or representative of any vessel operator, shipping agent, or
502pilot association or organization, except that one member shall
503be or have been a person licensed by the United States Coast
504Guard as an unlimited master, without a first-class pilot's
505endorsement, initially appointed to a 2-year term. One member
506shall be a certified public accountant with at least 5 years'
507experience in financial management, initially appointed to a 3-
508year term. One member shall be a former hearing officer or
509administrative law judge of the Division of Administrative
510Hearings, as defined in s. 120.65, or a former judge who has
511served on the Supreme Court or any district court of appeal,
512circuit court, or county court, initially appointed to a 4-year
513term. Except as otherwise provided in subparagraph 2., the
514remaining members shall be appointed by the Governor from among
515persons not prohibited pursuant to this paragraph. Members of
516the board shall be appointed so as to be geographically
517distributed, with the southern, central, northeastern, and
518northwestern regions of the state having at least one member
519each.
520     2.  Three members shall be the consumer members of the
521Board of Pilot Commissioners serving on that board as of January
5221, 1994. Of those members, one shall be appointed to a 1-year
523term, one shall be appointed to a 2-year term, and one shall be
524appointed to a 3-year term. Each of those members shall be
525eligible for reappointment in the same fashion as other members
526of the board, but, thereafter, no member of the board shall be a
527current or former member of the Board of Pilot Commissioners.
528The service of the consumer members of the Board of Pilot
529Commissioners on this board, while they are maintaining
530concurrent membership with the Board of Pilot Commissioners,
531shall be considered duties in addition to and related to their
532duties on the Board of Pilot Commissioners. In the event that
533any of the three board members stipulated according to this
534subparagraph are unable to serve, the Governor shall fill the
535position or positions by appointment from among persons not
536prohibited pursuant to this paragraph.
537     (c)  Committee members shall comply with the disclosure
538requirements of s. 112.3143(4) if participating in any matter
539that would result in special private gain or loss as described
540in that subsection.
541     (d)(c)  The committee board has authority to adopt rules
542pursuant to ss. 120.536(1) and 120.54 to implement provisions of
543this section conferring duties upon it. The department shall
544provide the staff required by the committee board to carry out
545its duties under this section.
546     (e)(d)  All funds received pursuant to this section shall
547be placed in the account of the Board of Pilot Commissioners,
548and the Board of Pilot Commissioners shall pay for all expenses
549incurred pursuant to this section.
550     (2)  Any pilot, group of pilots, or other person or group
551of persons whose substantial interests are directly affected by
552the rates established by the committee board may apply to the
553committee board for a change in rates. However, an application
554for a change in rates shall not be considered for any port for
555which rates have been changed by this committee board in the 18
556months preceding the filing of the application. All applications
557for changes in rates shall be made to the committee board, in
558writing, pursuant to rules prescribed by the committee board. In
559the case of an application for a rate change on behalf of a
560pilot or group of pilots, the application shall be accompanied
561by a consolidated financial statement, statement of profit or
562loss, and balance sheet prepared by a certified public
563accountant of the pilot or group of pilots and all relevant
564information, fiscal and otherwise, on the piloting activities
565within the affected port area, including financial information
566on all entities owned or partially owned by the pilot or group
567of pilots which provide pilot-related services in the affected
568port area. In the case of an application for a rate change filed
569on behalf of persons other than a pilot or group of pilots,
570information regarding the financial state of interested parties
571other than pilots shall be required only to the extent that such
572financial information is made relevant by the application or
573subsequent argument before the committee board. The committee
574board shall have the authority to set, by rule, a rate review
575application fee of up to $1,000, which must be submitted to the
576committee board upon the filing of the application for a rate
577change.
578     (3)  The committee board shall investigate and determine
579whether the requested rate change will result in fair, just, and
580reasonable rates of pilotage pursuant to rules prescribed by the
581committee board. In addition to publication as required by law,
582notice of a hearing to determine rates shall be mailed to each
583person who has formally requested notice of any rate change in
584the affected port area. The notice shall advise all interested
585parties that they may file an answer, an additional or
586alternative petition, or any other applicable pleading or
587response, within 30 days after the date of publication of the
588notice, and the notice shall specify the last date by which any
589such pleading must be filed. The committee board may, for good
590cause, extend the period for responses to a petition. Multiple
591petitions filed in this manner do not warrant separate hearings,
592and these petitions shall be consolidated to the extent that it
593shall not be necessary to hold a separate hearing on each
594petition. The committee board shall conclude its investigation,
595conduct a public hearing, and determine whether to modify the
596existing rates of pilotage in that port within 60 days after the
597filing of the completed application, except that the committee
598board may not be required to complete a hearing for more than
599one port within any 60-day period. Hearings shall be held in the
600affected port area, unless a different location is agreed upon
601by all parties to the proceeding.
602     (4)(a)  The applicant shall be given written notice, either
603in person or by certified mail, that the committee board intends
604to modify the pilotage rates in that port and that the applicant
605may, within 21 days after receipt of the notice, request a
606hearing pursuant to the Administrative Procedure Act. Notice of
607the intent to modify the pilotage rates in that port shall also
608be published in the Florida Administrative Weekly and in a
609newspaper of general circulation in the affected port area and
610shall be mailed to any person who has formally requested notice
611of any rate change in the affected port area. Within 21 days
612after receipt or publication of notice, any person whose
613substantial interests will be affected by the intended committee
614board action may request a hearing pursuant to the
615Administrative Procedure Act. If the committee board concludes
616that the petitioner has raised a disputed issue of material
617fact, the committee board shall designate a hearing, which shall
618be conducted by formal proceeding before an administrative law
619judge assigned by the Division of Administrative Hearings
620pursuant to ss. 120.569 and 120.57(1), unless waived by all
621parties. If the committee board concludes that the petitioner
622has not raised a disputed issue of material fact and does not
623designate the petition for hearing, that decision shall be
624considered final agency action for purposes of s. 120.68. The
625failure to request a hearing within 21 days after receipt or
626publication of notice shall constitute a waiver of any right to
627an administrative hearing and shall cause the order modifying
628the pilotage rates in that port to be entered. If an
629administrative hearing is requested pursuant to this subsection,
630notice of the time, date, and location of the hearing shall be
631published in the Florida Administrative Weekly and in a
632newspaper of general circulation in the affected port area and
633shall be mailed to the applicant and to any person who has
634formally requested notice of any rate change for the affected
635port area.
636     (b)  In any administrative proceeding pursuant to this
637section, the committee's board's proposed rate determination
638shall be immediately effective and shall not be stayed during
639the administrative proceeding, provided that, pending rendition
640of the committee's board's final order, the pilot or pilots in
641the subject port deposit in an interest-bearing account all
642amounts received which represent the difference between the
643previous rates and the proposed rates. The pilot or pilots in
644the subject port shall keep an accurate accounting of all
645amounts deposited, specifying by whom or on whose behalf such
646amounts were paid, and shall produce such an accounting upon
647request of the committee board. Upon rendition of the
648committee's board's final order:
649     1.  Any amounts deposited in the interest-bearing account
650which are sustained by the final order shall be paid over to the
651pilot or pilots in the subject port, including all interest
652accrued on such funds; and
653     2.  Any amounts deposited which exceed the rates sustained
654in the committee's board's final order shall be refunded, with
655the accrued interest, to those customers from whom the funds
656were collected. Any funds that are not refunded after diligent
657effort of the pilot or pilots to do so shall be disbursed by the
658pilot or pilots as the committee board shall direct.
659     (5)(a)  In determining whether the requested rate change
660will result in fair, just, and reasonable rates, the committee
661board shall give primary consideration to the public interest in
662promoting and maintaining efficient, reliable, and safe piloting
663services.
664     (b)  The committee board shall also give consideration to
665the following factors:
666     1.  The public interest in having qualified pilots
667available to respond promptly to vessels needing their service.
668     2.  A determination of the average net income of pilots in
669the port, including the value of all benefits derived from
670service as a pilot. For the purposes of this subparagraph, "net
671income of pilots" refers to total pilotage fees collected in the
672port, minus reasonable operating expenses, divided by the number
673of licensed and active state pilots within the ports.
674     3.  Reasonable operating expenses of pilots.
675     4.  Pilotage rates in other ports.
676     5.  The amount of time each pilot spends on actual piloting
677duty and the amount of time spent on other essential support
678services.
679     6.  The prevailing compensation available to individuals in
680other maritime services of comparable professional skill and
681standing as that sought in pilots, it being recognized that in
682order to attract to the profession of piloting, and to hold the
683best and most qualified individuals as pilots, the overall
684compensation accorded pilots should be equal to or greater than
685that available to such individuals in comparable maritime
686employment.
687     7.  The impact rate change may have in individual pilot
688compensation and whether such change will lead to a shortage of
689licensed state pilots, certificated deputy pilots, or qualified
690pilot applicants.
691     8.  Projected changes in vessel traffic.
692     9.  Cost of retirement and medical plans.
693     10.  Physical risks inherent in piloting.
694     11.  Special characteristics, dangers, and risks of the
695particular port.
696     12.  Any other factors the committee board deems relevant
697in determining a just and reasonable rate.
698     (c)  The committee board may take into consideration the
699consumer price index or any other comparable economic indicator
700when fixing rates of pilotage; however, because the consumer
701price index or such other comparable economic indicator is
702primarily related to net income rather than rates, the committee
703board shall not use it as the sole factor in fixing rates of
704pilotage.
705     (6)  The committee board shall fix rates of pilotage
706pursuant to this section based upon the following vessel
707characteristics:
708     (a)  Length.
709     (b)  Beam.
710     (c)  Net tonnage, gross tonnage, or dead weight tonnage.
711     (d)  Freeboard or height above the waterline.
712     (e)  Draft or molded depth.
713     (f)  Any combination of the vessel characteristics listed
714in this subsection or any other relevant vessel characteristic
715or characteristics.
716     (7)  The decisions of the committee regarding rates are not
717appealable to the board.
718     Section 6.  By October 31, 2010, the Governor shall appoint
719to the Board of Pilot Commissioners: two members actively
720involved in a professional or business capacity in the maritime
721industry, marine shipping industry, or commercial passenger
722cruise industry; one member who is a certified public accountant
723with at least 5 years of experience in financial management; and
724two members who are citizens of the state. Notwithstanding any
725other provision of this act, the nonpilot members of the board
726as of the effective date of this act shall continue to serve
727until the Governor makes the appointments required in this
728section. The terms of the pilot members of the board shall not
729be affected by this section. Any pending matters before the
730Pilotage Rate Review Board as of the effective date of this act
731shall be transferred for further action to the Pilotage Rate
732Review Committee.
733     Section 7.  Paragraph (c) of subsection (12) of section
734315.03, Florida Statutes, is repealed.
735     Section 8.  Subsection (86) is added to section 316.003,
736Florida Statutes, to read:
737     316.003  Definitions.-The following words and phrases, when
738used in this chapter, shall have the meanings respectively
739ascribed to them in this section, except where the context
740otherwise requires:
741     (86)  MOTOR CARRIER TRANSPORTATION CONTRACT.-
742     (a)  A contract, agreement, or understanding covering:
743     1.  The transportation of property for compensation or hire
744by the motor carrier;
745     2.  Entrance on property by the motor carrier for the
746purpose of loading, unloading, or transporting property for
747compensation or hire; or
748     3.  A service incidental to activity described in
749subparagraph 1. or subparagraph 2., including, but not limited
750to, storage of property.
751     (b)  "Motor carrier transportation contract" does not
752include the Uniform Intermodal Interchange and Facilities Access
753Agreement administered by the Intermodal Association of North
754America or other agreements providing for the interchange, use,
755or possession of intermodal chassis, containers, or other
756intermodal equipment.
757     Section 9.  Paragraph (b) of subsection (2) and subsection
758(4) of section 316.1001, Florida Statutes, are amended to read:
759     316.1001  Payment of toll on toll facilities required;
760penalties.-
761     (2)
762     (b)  A citation issued under this subsection may be issued
763by mailing the citation by first-class first class mail, or by
764certified mail, return receipt requested, to the address of the
765registered owner of the motor vehicle involved in the violation.
766Receipt of Mailing the citation to this address constitutes
767notification. In the case of joint ownership of a motor vehicle,
768the traffic citation must be mailed to the first name appearing
769on the registration, unless the first name appearing on the
770registration is a business organization, in which case the
771second name appearing on the registration may be used. A
772citation issued under this paragraph must be mailed to the
773registered owner of the motor vehicle involved in the violation
774within 14 days after the date of issuance of the citation
775violation. In addition to the citation, notification must be
776sent to the registered owner of the motor vehicle involved in
777the violation specifying remedies available under ss. 318.14(12)
778and 318.18(7).
779     (4)  Any governmental entity, including, without
780limitation, a clerk of court, may provide supply the department
781with data that is machine readable by the department's computer
782system, listing persons who have one or more outstanding
783violations of this section, with reference to the person's
784driver's license number or vehicle registration number in the
785case of a business entity. Pursuant to s. 320.03(8), those
786persons may not be issued a license plate or revalidation
787sticker for any motor vehicle.
788     Section 10.  Paragraph (b) of subsection (1) of section
789316.302, Florida Statutes, is amended, and subsection (12) is
790added to that section, to read:
791     316.302  Commercial motor vehicles; safety regulations;
792transporters and shippers of hazardous materials; enforcement.-
793     (1)
794     (b)  Except as otherwise provided in this section, all
795owners or drivers of commercial motor vehicles that are engaged
796in intrastate commerce are subject to the rules and regulations
797contained in 49 C.F.R. parts 382, 385, and 390-397, with the
798exception of 49 C.F.R. s. 390.5 as it relates to the definition
799of bus, as such rules and regulations existed on October 1, 2009
8002007.
801     (12)(a)  Notwithstanding any provision of law to the
802contrary, a provision, clause, covenant, or agreement contained
803in, collateral to, or affecting a motor carrier transportation
804contract that purports to indemnify, defend, or hold harmless,
805or has the effect of indemnifying, defending, or holding
806harmless, the promisee from or against any liability for loss or
807damage resulting from the negligence or intentional acts or
808omissions of the promisee is against the public policy of this
809state and is void and unenforceable.
810     (b)  As used in this subsection, the term "promisee" means
811the contract's promisee and any agents, employees, servants, or
812independent contractors who are directly responsible to the
813contract's promisee, except that the term does not include motor
814carriers which are party to a motor carrier transportation
815contract with the contract's promisee, including such motor
816carrier's agents, employees, servants, or independent
817contractors directly responsible to such motor carrier.
818     (c)  This subsection only applies to motor carrier
819transportation contracts entered into or renewed on or after
820July 1, 2010.
821     Section 11.  Paragraph (c) of subsection (8) of section
822316.515, Florida Statutes, is amended to read:
823     316.515  Maximum width, height, length.-
824     (8)  WRECKERS.-The limitations imposed by this section do
825not apply to a combination of motor vehicles consisting of a
826wrecker licensed in accordance with s. 320.08(5)(d) or (e) and a
827disabled motor vehicle, trailer, semitrailer, or tractor-trailer
828combination, or a replacement motor vehicle, which is under tow
829by the wrecker, if the size and weight of the towed vehicle is
830consistent with statutory requirements and the requirements of
831this subsection.
832     (c)  Where the combined weight of the wrecker and the towed
833vehicle exceeds the maximum weight limits as established by s.
834316.535, the wrecker must be operating under a current wrecker
835special use permit or permits as provided in s. 316.550(5)(4) or
836in accordance with paragraph (b).
837     Section 12.  Paragraphs (c) and (d) of subsection (3) of
838section 316.545, Florida Statutes, are redesignated as
839paragraphs (d) and (e), respectively, and a new paragraph (c) is
840added to that subsection to read:
841     316.545  Weight and load unlawful; special fuel and motor
842fuel tax enforcement; inspection; penalty; review.-
843     (3)  Any person who violates the overloading provisions of
844this chapter shall be conclusively presumed to have damaged the
845highways of this state by reason of such overloading, which
846damage is hereby fixed as follows:
847     (c)  For a vehicle equipped with fully functional idle-
848reduction technology, any penalty shall be calculated by
849reducing the actual gross vehicle weight or the internal bridge
850weight by the certified weight of the idle-reduction technology
851or by 400 pounds, whichever is less. The vehicle operator must
852present written certification of the weight of the idle-
853reduction technology and must demonstrate or certify that the
854idle-reduction technology is fully functional at all times. This
855calculation is not allowed for vehicles described in s.
856316.535(6);
857     Section 13.  Subsections (4) through (10) of section
858316.550, Florida Statutes, are renumbered as subsections (5)
859through (11), respectively, present subsection (7) is amended,
860and a new subsection (4) is added to that section, to read:
861     316.550  Operations not in conformity with law; special
862permits.-
863     (4)(a)  The Department of Transportation or local authority
864may issue permits that authorize commercial vehicles having
865weights not exceeding the limits of s. 316.535(5), plus the
866scale tolerance provided in s. 316.545(2), to operate off the
867interstate highway system on a designated route specified in the
868permit. Such permits shall be issued within 14 days after
869receipt of the request.
870     (b)  The designated route shall avoid any bridge which the
871department determines cannot safely accommodate vehicles with a
872gross vehicle weight authorized in paragraph (a).
873     (c)  Any vehicle or combination of vehicles which exceeds
874the weight limits authorized in paragraph (a) shall be unloaded
875and all material so unloaded shall be cared for by the owner or
876operator.
877     (8)(7)  The Department of Transportation may impose fines
878for the operation of a vehicle in violation of this section, as
879provided in subsection (10) (9).
880     Section 14.  Subsection (7) of section 318.18, Florida
881Statutes, is amended to read:
882     318.18  Amount of penalties.-The penalties required for a
883noncriminal disposition pursuant to s. 318.14 or a criminal
884offense listed in s. 318.17 are as follows:
885     (7)  Mandatory $100 fine for each violation of s. 316.1001
886plus the amount of the unpaid toll shown on the traffic citation
887for each citation issued. The clerk of the court shall forward
888$25 of the $100 fine received, plus the amount of the unpaid
889toll that is shown on the citation, to the governmental entity
890that issued the citation for citations issued by toll
891enforcement officers or to the entity administering the tolls at
892the facility where the violation occurred for citations issued
893by law enforcement officers. However, a person may elect to pay
894$30 to the clerk of the court, plus the amount of the unpaid
895toll that is shown on the citation, in which case adjudication
896is withheld, and no points may be assessed under s. 322.27. Upon
897receipt of the $30 and unpaid toll amount, the clerk of the
898court shall retain $5 for administrative purposes and shall
899forward the remaining $25, plus the amount of the unpaid toll
900shown on the citation, to the governmental entity that issued
901the citation for citations issued by toll enforcement officers
902or to the entity administering the tolls at the facility where
903the violation occurred for citations issued by law enforcement
904officers. Additionally, adjudication shall be withheld and no
905points shall be assessed under s. 322.27, except when
906adjudication is imposed by the court after a hearing pursuant to
907s. 318.14(5), or on whose behalf the citation was issued. If a
908plea arrangement is reached prior to the date set for a
909scheduled evidentiary hearing and, as a result of the plea,
910adjudication is withheld, there shall be a mandatory fine
911assessed per citation of not less than $50 and not more than
912$100, plus the amount of the unpaid toll for each citation
913issued. The clerk of the court shall forward $25 of the fine
914imposed plus the amount of the unpaid toll that is shown on the
915citation to the governmental entity that issued the citation for
916citations issued by toll enforcement officers or to the entity
917administering the tolls at the facility where the violation
918occurred for citations issued by law enforcement officers or on
919whose behalf the citation was issued. The court shall have
920specific authority to consolidate issued citations for the same
921defendant for the purpose of sentencing and aggregate
922jurisdiction. In addition, the court may direct the department
923to shall suspend for 60 days the driver's license of a person
924who is convicted of 10 violations of s. 316.1001 within a 36-
925month period. Any funds received by a governmental entity for
926this violation may be used for any lawful purpose related to the
927operation or maintenance of a toll facility.
928     Section 15.  Subsection (8) of section 320.03, Florida
929Statutes, is amended to read:
930     320.03  Registration; duties of tax collectors;
931International Registration Plan.-
932     (8)  If the applicant's name appears on the list referred
933to in s. 316.1001(4), s. 316.1967(6), or s. 713.78(13), a
934license plate or revalidation sticker may not be issued until
935that person's name no longer appears on the list or until the
936person presents a receipt from the governmental entity or the
937clerk of court that provided the data showing that the fines
938outstanding have been paid. This subsection does not apply to
939the owner of a leased vehicle if the vehicle is registered in
940the name of the lessee of the vehicle. The tax collector and the
941clerk of the court are each entitled to receive monthly, as
942costs for implementing and administering this subsection, 10
943percent of the civil penalties and fines recovered from such
944persons. As used in this subsection, the term "civil penalties
945and fines" does not include a wrecker operator's lien as
946described in s. 713.78(13). If the tax collector has private tag
947agents, such tag agents are entitled to receive a pro rata share
948of the amount paid to the tax collector, based upon the
949percentage of license plates and revalidation stickers issued by
950the tag agent compared to the total issued within the county.
951The authority of any private agent to issue license plates shall
952be revoked, after notice and a hearing as provided in chapter
953120, if he or she issues any license plate or revalidation
954sticker contrary to the provisions of this subsection. This
955section applies only to the annual renewal in the owner's birth
956month of a motor vehicle registration and does not apply to the
957transfer of a registration of a motor vehicle sold by a motor
958vehicle dealer licensed under this chapter, except for the
959transfer of registrations which is inclusive of the annual
960renewals. This section does not affect the issuance of the title
961to a motor vehicle, notwithstanding s. 319.23(7)(b).
962     Section 16.  Paragraph (e) of subsection (5) of section
963320.08, Florida Statutes, is amended to read:
964     320.08  License taxes.-Except as otherwise provided herein,
965there are hereby levied and imposed annual license taxes for the
966operation of motor vehicles, mopeds, motorized bicycles as
967defined in s. 316.003(2), and mobile homes, as defined in s.
968320.01, which shall be paid to and collected by the department
969or its agent upon the registration or renewal of registration of
970the following:
971     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
972SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-
973     (d)  A wrecker, as defined in s. 320.01(40), which is used
974to tow a vessel as defined in s. 327.02(39), a disabled,
975abandoned, stolen-recovered, or impounded motor vehicle as
976defined in s. 320.01(38), or a replacement motor vehicle as
977defined in s. 320.01(39): $41 flat, of which $11 shall be
978deposited into the General Revenue Fund.
979     (e)  A wrecker that is used to tow any nondisabled motor
980vehicle, regardless of whether such motor vehicle is a disabled
981motor vehicle, a replacement motor vehicle, a vessel, or any
982other cargo unless used as defined in paragraph (d), as follows:
983     1.  Gross vehicle weight of 10,000 pounds or more, but less
984than 15,000 pounds: $118 flat, of which $31 shall be deposited
985into the General Revenue Fund.
986     2.  Gross vehicle weight of 15,000 pounds or more, but less
987than 20,000 pounds: $177 flat, of which $46 shall be deposited
988into the General Revenue Fund.
989     3.  Gross vehicle weight of 20,000 pounds or more, but less
990than 26,000 pounds: $251 flat, of which $65 shall be deposited
991into the General Revenue Fund.
992     4.  Gross vehicle weight of 26,000 pounds or more, but less
993than 35,000 pounds: $324 flat, of which $84 shall be deposited
994into the General Revenue Fund.
995     5.  Gross vehicle weight of 35,000 pounds or more, but less
996than 44,000 pounds: $405 flat, of which $105 shall be deposited
997into the General Revenue Fund.
998     6.  Gross vehicle weight of 44,000 pounds or more, but less
999than 55,000 pounds: $772 flat, of which $200 shall be deposited
1000into the General Revenue Fund.
1001     7.  Gross vehicle weight of 55,000 pounds or more, but less
1002than 62,000 pounds: $915 flat, of which $237 shall be deposited
1003into the General Revenue Fund.
1004     8.  Gross vehicle weight of 62,000 pounds or more, but less
1005than 72,000 pounds: $1,080 flat, of which $280 shall be
1006deposited into the General Revenue Fund.
1007     9.  Gross vehicle weight of 72,000 pounds or more: $1,322
1008flat, of which $343 shall be deposited into the General Revenue
1009Fund.
1010     Section 17.  Paragraph (b) of subsection (32) of section
1011320.08058, Florida Statutes, is amended to read:
1012     320.08058  Specialty license plates.-
1013     (32)  UNITED WE STAND LICENSE PLATES.-
1014     (b)  The department shall retain all revenues from the sale
1015of such plates until all startup costs for developing and
1016issuing the plates have been recovered. Thereafter, 100 percent
1017of the annual use fee shall be distributed to the Department of
1018Transportation to fund security-related aviation projects
1019pursuant to chapter 332 SAFE Council to fund a grant program to
1020enhance security at airports throughout the state, pursuant to
1021s. 332.14.
1022     Section 18.  Paragraph (d) of subsection (3) of section
1023322.27, Florida Statutes, is amended to read:
1024     322.27  Authority of department to suspend or revoke
1025license.-
1026     (3)  There is established a point system for evaluation of
1027convictions of violations of motor vehicle laws or ordinances,
1028and violations of applicable provisions of s. 403.413(6)(b) when
1029such violations involve the use of motor vehicles, for the
1030determination of the continuing qualification of any person to
1031operate a motor vehicle. The department is authorized to suspend
1032the license of any person upon showing of its records or other
1033good and sufficient evidence that the licensee has been
1034convicted of violation of motor vehicle laws or ordinances, or
1035applicable provisions of s. 403.413(6)(b), amounting to 12 or
1036more points as determined by the point system. The suspension
1037shall be for a period of not more than 1 year.
1038     (d)  The point system shall have as its basic element a
1039graduated scale of points assigning relative values to
1040convictions of the following violations:
1041     1.  Reckless driving, willful and wanton-4 points.
1042     2.  Leaving the scene of a crash resulting in property
1043damage of more than $50-6 points.
1044     3.  Unlawful speed resulting in a crash-6 points.
1045     4.  Passing a stopped school bus-4 points.
1046     5.  Unlawful speed:
1047     a.  Not in excess of 15 miles per hour of lawful or posted
1048speed-3 points.
1049     b.  In excess of 15 miles per hour of lawful or posted
1050speed-4 points.
1051     6.  A violation of a traffic control signal device as
1052provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points.
1053     7.  All other moving violations (including parking on a
1054highway outside the limits of a municipality)-3 points. However,
1055no points shall be imposed for a violation of s. 316.0741 or s.
1056316.2065(12); and points shall be imposed for a violation of s.
1057316.1001 only when imposed by the court after a hearing pursuant
1058to s. 318.14(5).
1059     8.  Any moving violation covered above, excluding unlawful
1060speed, resulting in a crash-4 points.
1061     9.  Any conviction under s. 403.413(6)(b)-3 points.
1062     10.  Any conviction under s. 316.0775(2)-4 points.
1063     Section 19.  Section 332.14, Florida Statutes, is repealed.
1064     Section 20.  All funds accrued by the Secure Airports for
1065Florida's Economy Council prior to July 1, 2010, shall be
1066retained by the Department of Transportation. The Department of
1067Transportation is authorized to use these funds for statewide
1068training purposes relating to airport security and management.
1069The Department of Transportation is further authorized to use
1070these funds for security-related aviation projects pursuant to
1071chapter 332, Florida Statutes.
1072     Section 21.  Subsection (1) of section 337.14, Florida
1073Statutes, is amended to read:
1074     337.14  Application for qualification; certificate of
1075qualification; restrictions; request for hearing.-
1076     (1)  Any person desiring to bid for the performance of any
1077construction contract in excess of $250,000 which the department
1078proposes to let must first be certified by the department as
1079qualified pursuant to this section and rules of the department.
1080The rules of the department shall address the qualification of
1081persons to bid on construction contracts in excess of $250,000
1082and shall include requirements with respect to the equipment,
1083past record, experience, financial resources, and organizational
1084personnel of the applicant necessary to perform the specific
1085class of work for which the person seeks certification. The
1086department is authorized to limit the dollar amount of any
1087contract upon which a person is qualified to bid or the
1088aggregate total dollar volume of contracts such person is
1089allowed to have under contract at any one time. Each applicant
1090seeking qualification to bid on construction contracts in excess
1091of $250,000 shall furnish the department a statement under oath,
1092on such forms as the department may prescribe, setting forth
1093detailed information as required on the application. Each
1094application for certification shall be accompanied by the latest
1095annual financial statement of the applicant completed within the
1096last 12 months. If the application or the annual financial
1097statement shows the financial condition of the applicant more
1098than 4 months prior to the date on which the application is
1099received by the department, then an interim financial statement
1100must also be submitted and be accompanied by an updated
1101application. The interim financial statement must cover the
1102period from the end date of the annual statement and must show
1103the financial condition of the applicant no more than 4 months
1104prior to the date the interim financial statement on which the
1105application is received by the department. Each required annual
1106or interim financial statement must be audited and accompanied
1107by the opinion of a certified public accountant or a public
1108accountant approved by the department. The information required
1109by this subsection is confidential and exempt from the
1110provisions of s. 119.07(1). The department shall act upon the
1111application for qualification within 30 days after the
1112department determines that the application is complete. The
1113department may waive the requirements of this subsection for
1114projects having a contract price of $500,000 or less if the
1115department determines that the project is of a noncritical
1116nature and the waiver will not endanger public health, safety,
1117or property.
1118     Section 22.  Subsection (1) of section 337.401, Florida
1119Statutes, is amended to read:
1120     337.401  Use of right-of-way for utilities subject to
1121regulation; permit; fees.-
1122     (1)(a)  The department and local governmental entities,
1123referred to in ss. 337.401-337.404 as the "authority," that have
1124jurisdiction and control of public roads or publicly owned rail
1125corridors are authorized to prescribe and enforce reasonable
1126rules or regulations with reference to the placing and
1127maintaining along, across, or on any road or publicly owned rail
1128corridors under their respective jurisdictions any electric
1129transmission, telephone, telegraph, or other communications
1130services lines; pole lines; poles; railways; ditches; sewers;
1131water, heat, or gas mains; pipelines; fences; gasoline tanks and
1132pumps; or other structures referred to in this section as the
1133"utility." For aerial and underground electric utility
1134transmission lines designed to operate at 69 or more kilovolts
1135that are needed to accommodate the additional electrical
1136transfer capacity on the transmission grid resulting from new
1137base-load generating facilities, where there is no other
1138practicable alternative available for placement of the electric
1139utility transmission lines on the department's rights-of-way,
1140the department's rules shall provide for placement of and access
1141to such transmission lines adjacent to and within the right-of-
1142way of any department-controlled public roads, including
1143longitudinally within limited access facilities to the greatest
1144extent allowed by federal law, if compliance with the standards
1145established by such rules is achieved. Such rules may include,
1146but need not be limited to, that the use of the right-of-way is
1147reasonable based upon a consideration of economic and
1148environmental factors, including, without limitation, other
1149practicable alternative alignments, utility corridors and
1150easements, impacts on adjacent property owners, and minimum
1151clear zones and other safety standards, and further provide that
1152placement of the electric utility transmission lines within the
1153department's right-of-way does not interfere with operational
1154requirements of the transportation facility or planned or
1155potential future expansion of such transportation facility. If
1156the department approves longitudinal placement of electric
1157utility transmission lines in limited access facilities,
1158compensation for the use of the right-of-way is required. Such
1159consideration or compensation paid by the electric utility in
1160connection with the department's issuance of a permit does not
1161create any property right in the department's property
1162regardless of the amount of consideration paid or the
1163improvements constructed on the property by the utility. Upon
1164notice by the department that the property is needed for
1165expansion or improvement of the transportation facility, the
1166electric utility transmission line will relocate from the
1167facility at the electric utility's sole expense. The electric
1168utility shall pay to the department reasonable damages resulting
1169from the utility's failure or refusal to timely relocate its
1170transmission lines. The rules to be adopted by the department
1171may also address the compensation methodology and relocation. As
1172used in this subsection, the term "base-load generating
1173facilities" means electric power plants that are certified under
1174part II of chapter 403. The department may enter into a permit-
1175delegation agreement with a governmental entity if issuance of a
1176permit is based on requirements that the department finds will
1177ensure the safety and integrity of facilities of the Department
1178of Transportation; however, the permit-delegation agreement does
1179not apply to facilities of electric utilities as defined in s.
1180366.02(2).
1181     (b)  For aerial and underground electric utility
1182transmission lines designed to operate at 69 or more kilovolts
1183that are needed to accommodate the additional electrical
1184transfer capacity on the transmission grid resulting from new
1185base-load generating facilities, the department's rules shall
1186provide for placement of and access to such transmission lines
1187adjacent to and within the right-of-way of any department-
1188controlled public roads, including longitudinally within limited
1189access facilities where there is no other practicable
1190alternative available, to the greatest extent allowed by federal
1191law, if compliance with the standards established by such rules
1192is achieved. Without limiting or conditioning the department's
1193jurisdiction or authority described in paragraph (a), with
1194respect to limited access right-of-way, such rules may include,
1195but need not be limited to, that the use of the right-of-way for
1196longitudinal placement of electric utility transmission lines is
1197reasonable based upon a consideration of economic and
1198environmental factors, including, without limitation, other
1199practicable alternative alignments, utility corridors and
1200easements, impacts on adjacent property owners, and minimum
1201clear zones and other safety standards, and further provide that
1202placement of the electric utility transmission lines within the
1203department's right-of-way does not interfere with operational
1204requirements of the transportation facility or planned or
1205potential future expansion of such transportation facility. If
1206the department approves longitudinal placement of electric
1207utility transmission lines in limited access facilities,
1208compensation for the use of the right-of-way is required. Such
1209consideration or compensation paid by the electric utility in
1210connection with the department's issuance of a permit does not
1211create any property right in the department's property
1212regardless of the amount of consideration paid or the
1213improvements constructed on the property by the utility. Upon
1214notice by the department that the property is needed for
1215expansion or improvement of the transportation facility, the
1216electric utility transmission line will be removed or relocated
1217at the electric utility's sole expense. The electric utility
1218shall pay to the department reasonable damages resulting from
1219the utility's failure or refusal to timely remove or relocate
1220its transmission lines. The rules to be adopted by the
1221department may also address the compensation methodology and
1222removal or relocation. As used in this subsection, the term
1223"base-load generating facilities" means electric power plants
1224that are certified under part II of chapter 403.
1225     Section 23.  Subsection (4) of section 337.406, Florida
1226Statutes, is renumbered as subsection (5), and a new subsection
1227(4) is added to that section to read:
1228     337.406  Unlawful use of state transportation facility
1229right-of-way; penalties.-
1230     (4)  Camping is prohibited on any portion of the right-of-
1231way of the State Highway System that is within 100 feet of a
1232bridge, causeway, overpass, or ramp.
1233     Section 24.  Subsection (1) of section 338.155, Florida
1234Statutes, is amended to read:
1235     338.155  Payment of toll on toll facilities required;
1236exemptions.-
1237     (1)  No persons are permitted to use any toll facility
1238without payment of tolls, except employees of the agency
1239operating the toll project when using the toll facility on
1240official state business, state military personnel while on
1241official military business, handicapped persons as provided in
1242this section, persons exempt from toll payment by the
1243authorizing resolution for bonds issued to finance the facility,
1244and persons exempt on a temporary basis where use of such toll
1245facility is required as a detour route. Any law enforcement
1246officer operating a marked official vehicle is exempt from toll
1247payment when on official law enforcement business. Any person
1248operating a fire vehicle when on official business or a rescue
1249vehicle when on official business is exempt from toll payment.
1250Any person participating in the funeral procession of a law
1251enforcement officer or firefighter killed in the line of duty is
1252exempt from toll payment. The secretary, or the secretary's
1253designee, may suspend the payment of tolls on a toll facility
1254when necessary to assist in emergency evacuation. The failure to
1255pay a prescribed toll constitutes a noncriminal traffic
1256infraction, punishable as a moving violation pursuant to s.
1257318.18. The department is authorized to adopt rules relating to
1258the payment, collection, and enforcement of tolls, as authorized
1259in chapters 316, 318, 320, 322, and 338, including, but not
1260limited to, rules for the implementation of video or other image
1261billing and variable pricing guaranteed toll accounts.
1262     Section 25.  Subsection (7) is added to section 341.051,
1263Florida Statutes, to read:
1264     341.051  Administration and financing of public transit and
1265intercity bus service programs and projects.-
1266     (7)  INTEROPERABLE FARE COLLECTION SYSTEMS.-
1267     (a)  The Legislature recognizes the importance of
1268encouraging the seamless use of local and regional public
1269transportation systems by residents of and visitors to the state
1270wherever possible. The paramount concern is to encourage the
1271implementation of fare collection systems that are interoperable
1272and compatible with multiple public transportation systems
1273throughout the state.
1274     (b)  Notwithstanding any other provision of law to the
1275contrary, in order to facilitate the ease of transfer from one
1276public transportation system to another, any public transit
1277system which connects directly with a new public rail system put
1278into service after December 1, 2010, and which is adding a new
1279fare media system or is upgrading its existing fare media system
1280shall use a universally accepted contactless fare media that is
1281compatible with the American Public Transportation Association's
1282Contactless Fare Media System Standard or the applicable
1283bankcard contactless media standards and allows users to
1284purchase fares at a single point of sale with coin, cash, or
1285credit card. This paragraph does not require the use of a
1286universally accepted contactless fare media for the paratransit
1287element of any transit system or by any public transit system
1288that does not share one or more points of origin or destination
1289with a public rail system.
1290
1291For purposes of this section, the term "net operating costs"
1292means all operating costs of a project less any federal funds,
1293fares, or other sources of income to the project.
1294     Section 26.  Subsection (7) of section 341.3025, Florida
1295Statutes, is renumbered as subsection (8), and a new subsection
1296(7) is added to that section to read:
1297     341.3025  Multicounty public rail system fares and
1298enforcement.-
1299     (7)(a)  The Legislature recognizes the importance of
1300encouraging the seamless use of local and regional public
1301transportation systems by residents of and visitors to the state
1302wherever possible. The paramount concern is to encourage the
1303implementation of fare collection systems that are interoperable
1304and compatible with multiple public transportation systems
1305throughout the state.
1306     (b)  Notwithstanding any other provision of law to the
1307contrary, in order to facilitate the ease of transfer from one
1308public transportation system to another, any new public rail
1309system that is constructed after December 1, 2010, by the state,
1310an agency of the state, a regional transportation authority, or
1311one or more counties or municipalities shall use a universally
1312accepted contactless fare media that is compatible with the
1313American Public Transportation Association's Contactless Fare
1314Media System Standard or the applicable bankcard contactless
1315media standards and allows users to purchase fares at a single
1316point of sale with coin, cash, or credit card. Additionally, any
1317existing public rail system that is adding a new fare media
1318system or is upgrading its existing fare media system shall use
1319a universally accepted contactless fare media that is compatible
1320with the American Public Transportation Association's
1321Contactless Fare Media System Standard or the applicable
1322bankcard contactless media standards and allows users to
1323purchase fares at a single point of sale with coin, cash, or
1324credit card.
1325     Section 27.  Paragraph (q) is added to subsection (2) of
1326section 343.64, Florida Statutes, to read:
1327     343.64  Powers and duties.-
1328     (2)  The authority may exercise all powers necessary,
1329appurtenant, convenient, or incidental to the carrying out of
1330the aforesaid purposes, including, but not limited to, the
1331following rights and powers:
1332     (q)  Notwithstanding s. 343.65, to borrow money in a
1333principal amount not to exceed $10 million in any calendar year
1334to refinance all or part of the costs or obligations of the
1335authority, including, but not limited to, obligations of the
1336authority as a lessee under a lease.
1337     Section 28.  Subsection (3) of section 348.51, Florida
1338Statutes, is amended to read:
1339     348.51  Definitions.-The following terms whenever used or
1340referred to in this part shall have the following meanings,
1341except in those instances where the context clearly indicates
1342otherwise:
1343     (3)  "Bonds" means and includes the notes, bonds, refunding
1344bonds, or other evidences of indebtedness or obligations, in
1345either temporary or definitive form, which of the authority is
1346authorized to issue issued pursuant to this part.
1347     Section 29.  Section 348.545, Florida Statutes, is amended
1348to read:
1349     348.545  Facility improvement; bond financing authority.-
1350Pursuant to s. 11(f), Art. VII of the State Constitution, the
1351Legislature hereby approves for bond financing by the Tampa-
1352Hillsborough County Expressway Authority improvements to toll
1353collection facilities, interchanges to the legislatively
1354approved expressway system, and any other facility appurtenant,
1355necessary, or incidental to the approved system. Subject to
1356terms and conditions of applicable revenue bond resolutions and
1357covenants, such costs financing may be financed in whole or in
1358part by revenue bonds issued pursuant to s. 348.56(1)(a) or (b),
1359whether currently issued or issued in the future, or by a
1360combination of such bonds.
1361     Section 30.  Subsections (1) and (2) of section 348.56,
1362Florida Statutes, are amended to read:
1363     348.56  Bonds of the authority.-
1364     (1)(a)  Bonds may be issued on behalf of the authority
1365pursuant to the State Bond Act.
1366     (b)  Alternatively, the authority shall have the power and
1367is hereby authorized from time to time to issue bonds in such
1368principal amount as, in the opinion of the authority, shall be
1369necessary to provide sufficient moneys for achieving its
1370corporate purposes, including construction, reconstruction,
1371improvement, extension, repair, maintenance and operation of the
1372expressway system, the cost of acquisition of all real property,
1373interest on bonds during construction and for a reasonable
1374period thereafter, establishment of reserves to secure bonds,
1375and all other expenditures of the authority incident to and
1376necessary or convenient to carry out its corporate purposes and
1377powers.
1378     (2)(a)  Bonds issued by the authority pursuant to paragraph
1379(1)(a) or paragraph (1)(b) shall be authorized by resolution of
1380the members of the authority and shall bear such date or dates,
1381mature at such time or times, not exceeding 40 years from their
1382respective dates, bear interest at such rate or rates, not
1383exceeding the maximum rate fixed by general law for authorities,
1384be in such denominations, be in such form, either coupon or
1385fully registered, carry such registration, exchangeability and
1386interchangeability privileges, be payable in such medium of
1387payment and at such place or places, be subject to such terms of
1388redemption and be entitled to such priorities of lien on the
1389revenues, other available moneys, and the Hillsborough County
1390gasoline tax funds as such resolution or any resolution
1391subsequent thereto may provide. The bonds shall be executed
1392either by manual or facsimile signature by such officers as the
1393authority shall determine, provided that such bonds shall bear
1394at least one signature which is manually executed thereon. The
1395coupons attached to such bonds shall bear the facsimile
1396signature or signatures of such officer or officers as shall be
1397designated by the authority. Such bonds shall have the seal of
1398the authority affixed, imprinted, reproduced, or lithographed
1399thereon.
1400     (b)  The bonds issued pursuant to paragraph (1)(a) or
1401paragraph (1)(b) shall be sold at public sale in the same manner
1402provided in the State Bond Act, and the net interest cost to the
1403authority on such bonds shall not exceed the maximum rate fixed
1404by general law for authorities. If all bids received on the
1405public sale are rejected, the authority may then proceed to
1406negotiate for the sale of the bonds at a net interest cost which
1407shall be less than the lowest net interest cost stated in the
1408bids rejected at the public sale. However, if the authority
1409determines, by official action at a public meeting, that a
1410negotiated sale of such bonds is in the best interest of the
1411authority, the authority may negotiate the sale of such bonds
1412with the underwriter or underwriters designated by the authority
1413and the Division of Bond Finance within the State Board of
1414Administration with respect to bonds issued pursuant to
1415paragraph (1)(a) or solely by the authority with respect to
1416bonds issued pursuant to paragraph (1)(b). The authority's
1417determination to negotiate the sale of such bonds may be based,
1418in part, upon the written advice of the authority's financial
1419adviser. Pending the preparation of definitive bonds, temporary
1420bonds or interim certificates may be issued to the purchaser or
1421purchasers of such bonds and may contain such terms and
1422conditions as the authority may determine.
1423     Section 31.  Section 348.565, Florida Statutes, is amended
1424to read:
1425     348.565  Revenue bonds for specified projects.-The existing
1426facilities that constitute the Tampa-Hillsborough County
1427Expressway System are hereby approved to be refinanced by the
1428issuance of revenue bonds issued by the Division of Bond Finance
1429of the State Board of Administration pursuant to s. 11(f), Art.
1430VII of the State Constitution and the State Bond Act or by
1431revenue bonds issued by the authority pursuant to s.
1432348.56(1)(b). In addition, the following projects of the Tampa-
1433Hillsborough County Expressway Authority are approved to be
1434financed or refinanced by the issuance of revenue bonds in
1435accordance with this part and pursuant to s. 11(f), Art. VII of
1436the State Constitution:
1437     (1)  Brandon area feeder roads.
1438     (2)  Capital improvements to the expressway system,
1439including safety and operational improvements and toll
1440collection equipment.
1441     (3)  Lee Roy Selmon Crosstown Expressway System widening.
1442     (4)  The connector highway linking the Lee Roy Selmon
1443Crosstown Expressway to Interstate 4.
1444     Section 32.  Subsection (1) of section 348.57, Florida
1445Statutes, is amended to read:
1446     348.57  Refunding bonds.-
1447     (1)  Subject to public notice as provided in s. 348.54, the
1448authority is authorized to provide by resolution for the
1449issuance from time to time of bonds pursuant to s. 348.56(1)(b)
1450for the purpose of refunding any bonds then outstanding
1451regardless of whether the bonds being refunded were issued by
1452the authority pursuant to this chapter or on behalf of the
1453authority pursuant to the State Bond Act. The authority is
1454further authorized to provide by resolution for the issuance of
1455bonds for the combined purpose of:
1456     (a)  Paying the cost of constructing, reconstructing,
1457improving, extending, repairing, maintaining and operating the
1458expressway system.
1459     (b)  Refunding bonds then outstanding. The authorization,
1460sale and issuance of such obligations, the maturities and other
1461details thereof, the rights and remedies of the holders thereof,
1462and the rights, powers, privileges, duties and obligations of
1463the authority with respect to the same shall be governed by the
1464foregoing provisions of this part insofar as the same may be
1465applicable.
1466     Section 33.  Section 348.70, Florida Statutes, is amended
1467to read:
1468     348.70  This part complete and additional authority.-
1469     (1)  The powers conferred by this part shall be in addition
1470and supplemental to the existing respective powers of the
1471authority, the department, the county, and the city, if any, and
1472this part shall not be construed as repealing any of the
1473provisions of any other law, general, special, or local, but
1474shall be deemed to supersede such other law or laws in the
1475exercise of the powers provided in this part insofar as such
1476other law or laws are inconsistent with the provisions of this
1477part and to provide a complete method for the exercise of the
1478powers granted herein. The construction, reconstruction,
1479improvement, extension, repair, maintenance, and operation of
1480the expressway system, and the issuance of bonds hereunder to
1481finance all or part of the cost thereof, may be accomplished
1482upon compliance with the provisions of this part without regard
1483to or necessity for compliance with the provisions, limitations,
1484or restrictions contained in any other general, special, or
1485local law, including, but not limited to, s. 215.821, and no
1486approval of any bonds issued under this part by the qualified
1487electors or qualified electors who are freeholders in the state
1488or in the county or in the city or in any other political
1489subdivision of the state shall be required for the issuance of
1490such bonds.
1491     (2)  This part does not repeal, rescind, or modify any
1492other law or laws relating to the State Board of Administration,
1493the Department of Transportation, or the Division of Bond
1494Finance of the State Board of Administration, but shall
1495supersede such other law or laws as are inconsistent with the
1496provisions of this part, including, but not limited to, s.
1497215.821.
1498     Section 34.  Part XI of chapter 348, Florida Statutes,
1499consisting of sections 348.9950, 348.9951, 348.9952, 348.9953,
1500348.9954, 348.9955, 348.9956, 348.9957, 348.9958, 348.9959,
1501348.9960, and 348.9961, is created to read:
1502     348.9950  Short title.-This part may be cited as the
1503"Osceola County Expressway Authority Law."
1504     348.9951  Definitions.-Terms used in this part, except
1505where the context clearly indicates otherwise, shall have the
1506same meanings as those defined in the Florida Expressway
1507Authority Act.
1508     348.9952  Osceola County Expressway Authority.-
1509     (1)  There is created a body politic and corporate, an
1510agency of the state, to be known as the Osceola County
1511Expressway Authority.
1512     (2)(a)  The governing body of the authority shall consist
1513of six members. Five members, at least one of whom must be a
1514member of a racial or ethnic minority group, must be residents
1515of Osceola County, three of whom shall be appointed by the
1516governing body of the county and two of whom shall be appointed
1517by the Governor. The sixth member shall be the district
1518secretary of the department serving in the district that
1519includes Osceola County, who shall serve as an ex officio,
1520nonvoting member. The term of each appointed member shall be for
15214 years, except that the first term of the initial members
1522appointed by the Governor shall be 2 years each. Each appointed
1523member shall hold office until his or her successor has been
1524appointed and has qualified. A vacancy occurring during a term
1525shall be filled only for the balance of the unexpired term. Each
1526appointed member of the authority shall be a person of
1527outstanding reputation for integrity, responsibility, and
1528business ability, but a person who is an officer or employee of
1529any municipality or of Osceola County in any other capacity may
1530not be an appointed member of the authority. A member of the
1531authority is eligible for reappointment.
1532     (b)  Members of the authority may be removed from office by
1533the Governor for misconduct, malfeasance, or nonfeasance in
1534office.
1535     (3)(a)  The authority shall elect one of its members as
1536chair. The authority shall also elect a secretary and a
1537treasurer, who may be members of the authority. The chair,
1538secretary, and treasurer shall hold such offices at the will of
1539the authority.
1540     (b)  Three members of the authority constitute a quorum,
1541and the vote of three members is necessary for any action taken
1542by the authority. A vacancy in the authority does not impair the
1543right of a quorum of the authority to exercise all of the rights
1544and perform all of the duties of the authority.
1545     (4)(a)  The authority may employ an executive secretary, an
1546executive director, its own counsel and legal staff, technical
1547experts, engineers, and other employees, permanent or temporary,
1548as it may require, and may determine the qualifications and fix
1549the compensation of such persons, firms, or corporations.
1550Additionally, the authority may employ a fiscal agent or agents.
1551However, the authority shall solicit sealed proposals from at
1552least three persons, firms, or corporations for the performance
1553of any services as fiscal agents. The authority may delegate to
1554one or more of its agents or employees such of its power as it
1555deems necessary to carry out the purposes of this part, subject
1556always to the supervision and control of the authority.
1557     (b)  Members of the authority are entitled to receive from
1558the authority their travel and other necessary expenses incurred
1559in connection with the business of the authority as provided in
1560s. 112.061, but members shall not draw salaries or other
1561compensation.
1562     (c)  The department is not required to grant funds for
1563startup costs to the authority. However, the governing body of
1564the county may provide funds for such startup costs.
1565     (d)  The authority shall cooperate with and participate in
1566any efforts to establish a regional expressway authority.
1567     (e)  Notwithstanding any other provision of law, including
1568s. 339.175(3), the authority is not entitled to voting
1569membership in a metropolitan planning organization in which
1570Osceola County, or any of the municipalities therein, are also
1571voting members.
1572     348.9953  Purposes and powers.-The purposes and powers of
1573the authority shall be the same as those identified in the
1574Florida Expressway Authority Act. In implementing this act, the
1575authority shall institute procedures to encourage the awarding
1576of contracts for professional services and construction to
1577certified minority business enterprises as defined in s.
1578288.703. The authority shall develop and implement activities to
1579encourage the participation of certified minority business
1580enterprises in the contracting process.
1581     348.9954  Bonds.-Bonds may be issued on behalf of the
1582authority as provided by the State Bond Act and subject to the
1583provisions of the Florida Expressway Authority Act.
1584     348.9955  Lease-purchase agreement.-The authority may enter
1585into lease-purchase agreements with the department as provided
1586in the Florida Expressway Authority Act.
1587     348.9956  Department may be appointed agent of authority
1588for construction.-The authority may appoint the department as
1589its agent as provided in the Florida Expressway Authority Act.
1590     348.9957  Acquisition of lands and property.-The authority
1591may acquire such rights, title, or interest in private or public
1592property and such property rights, including easements, rights
1593of access, air, view, and light by gift, devise, purchase, or
1594condemnation by eminent domain proceedings, as the authority may
1595deem necessary for the purposes of this part and subject to the
1596provisions of the Florida Expressway Authority Act.
1597     348.9958  Cooperation with other units, boards, agencies,
1598and individuals.-Any county, municipality, drainage district,
1599road and bridge district, school district, or other political
1600subdivision, board, commission, or individual in or of the state
1601may make and enter into any contract, lease, conveyance,
1602partnership, or other agreement with the authority within the
1603provisions and for purposes of this part. The authority may make
1604and enter into any contract, lease, conveyance, partnership, or
1605other agreement with any political subdivision, agency, or
1606instrumentality of the state or any federal agency, corporation,
1607or individual for the purpose of carrying out the provisions of
1608this part.
1609     348.9959  Legislative intent; covenant of the state.-It is
1610the intent of the Legislature that the state pledge to and agree
1611with any person, firm, corporation, or federal or state agency
1612subscribing to or acquiring the bonds to be issued by the
1613authority for the purposes of this part that the state will not
1614limit or alter the rights hereby vested in the authority and the
1615department until all bonds at any time issued together with the
1616interest thereon are fully paid and discharged insofar as the
1617same affects the rights of the holders of bonds issued
1618hereunder. It is also the intent of the Legislature that the
1619state further pledge to and agree with the United States that in
1620the event any federal agency shall construct or contribute any
1621funds for the completion, extension, or improvement of the
1622Osceola County Expressway System, or any part or portion
1623thereof, the state will not alter or limit the rights and powers
1624of the authority and the department in any manner that would be
1625inconsistent with the continued maintenance and operation of the
1626Osceola County Expressway System, or the completion, extension,
1627or improvement thereof, or that would be inconsistent with the
1628due performance of any agreements between the authority and any
1629such federal agency. The authority and the department shall
1630continue to have and may exercise all powers herein granted so
1631long as the same shall be necessary or desirable for the
1632carrying out of the purposes of this part and the purposes of
1633the United States in the completion, extension, or improvement
1634of the Osceola County Expressway System or any part or portion
1635thereof.
1636     348.9960  Exemption from taxation.-As provided under and
1637limited by the Florida Expressway Authority Act, the Osceola
1638County Expressway authority is not required to pay taxes or
1639assessments of any kind or nature whatsoever upon any property
1640acquired by it or used by it for such purpose or upon revenues
1641at any time received by it.
1642     348.9961  Automatic dissolution.-If, before January 1,
16432020, the authority has not encumbered any funds to further its
1644purposes and powers as authorized in s. 348.9953 to establish
1645the system, the Osceola County Expressway Authority is
1646dissolved.
1647     Section 35.  Subsection (6) of section 369.317, Florida
1648Statutes, is amended to read:
1649     369.317  Wekiva Parkway.-
1650     (6)  The Orlando-Orange County Expressway Authority is
1651hereby granted the authority to act as a third-party acquisition
1652agent, pursuant to s. 259.041 on behalf of the Board of Trustees
1653or chapter 373 on behalf of the governing board of the St. Johns
1654River Water Management District, for the acquisition of all
1655necessary lands, property and all interests in property
1656identified herein, including fee simple or less-than-fee simple
1657interests. The lands subject to this authority are identified in
1658paragraph 10.a., State of Florida, Office of the Governor,
1659Executive Order 03-112 of July 1, 2003, and in Recommendation 16
1660of the Wekiva Basin Area Task Force created by Executive Order
16612002-259, such lands otherwise known as Neighborhood Lakes, a
16621,587+/-acre parcel located in Orange and Lake Counties within
1663Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
1664and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
1665Seminole Woods/Swamp, a 5,353+/-acre parcel located in Lake
1666County within Section 37, Township 19 South, Range 28 East; New
1667Garden Coal; a 1,605+/-acre parcel in Lake County within
1668Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
1669East; Pine Plantation, a 617+/-acre tract consisting of eight
1670individual parcels within the Apopka City limits. The Department
1671of Transportation, the Department of Environmental Protection,
1672the St. Johns River Water Management District, and other land
1673acquisition entities shall participate and cooperate in
1674providing information and support to the third-party acquisition
1675agent. The land acquisition process authorized by this paragraph
1676shall begin no later than December 31, 2004. Acquisition of the
1677properties identified as Neighborhood Lakes, Pine Plantation,
1678and New Garden Coal, or approval as a mitigation bank shall be
1679concluded no later than December 31, 2010. Department of
1680Transportation and Orlando-Orange County Expressway Authority
1681funds expended to purchase an interest in those lands identified
1682in this subsection shall be eligible as environmental mitigation
1683for road construction related impacts in the Wekiva Study Area.
1684If any of the lands identified in this subsection are used as
1685environmental mitigation for road-construction-related impacts
1686incurred by the Department of Transportation or Orlando-Orange
1687County Expressway Authority, or for other impacts incurred by
1688other entities, within the Wekiva Study Area or within the
1689Wekiva parkway alignment corridor and, if the mitigation offsets
1690these impacts, the St. Johns River Water Management District and
1691the Department of Environmental Protection shall consider the
1692activity regulated under part IV of chapter 373 to meet the
1693cumulative impact requirements of s. 373.414(8)(a).
1694     Section 36.  Subsections (2) and (5) and paragraph (b) of
1695subsection (9) of section 373.41492, Florida Statutes, are
1696amended to read:
1697     373.41492  Miami-Dade County Lake Belt Mitigation Plan;
1698mitigation for mining activities within the Miami-Dade County
1699Lake Belt.-
1700     (2)  To provide for the mitigation of wetland resources
1701lost to mining activities within the Miami-Dade County Lake Belt
1702Plan, effective October 1, 1999, a mitigation fee is imposed on
1703each ton of limerock and sand extracted by any person who
1704engages in the business of extracting limerock or sand from
1705within the Miami-Dade County Lake Belt Area and the east one-
1706half of sections 24 and 25 and all of sections 35 and 36,
1707Township 53 South, Range 39 East. The mitigation fee is imposed
1708for each ton of limerock and sand sold from within the
1709properties where the fee applies in raw, processed, or
1710manufactured form, including, but not limited to, sized
1711aggregate, asphalt, cement, concrete, and other limerock and
1712concrete products. The mitigation fee imposed by this subsection
1713for each ton of limerock and sand sold shall be 12 cents per ton
1714beginning January 1, 2007; 18 cents per ton beginning January 1,
17152008; and 24 cents per ton beginning January 1, 2009; and 45
1716cents per ton beginning January 1, 2011. To upgrade a water
1717treatment plant that treats water coming from the Northwest
1718Wellfield in Miami-Dade County, a water treatment plant upgrade
1719fee is imposed within the same Lake Belt Area subject to the
1720mitigation fee and upon the same kind of mined limerock and sand
1721subject to the mitigation fee. The water treatment plant upgrade
1722fee imposed by this subsection for each ton of limerock and sand
1723sold shall be 15 cents per ton beginning on January 1, 2007, and
1724the collection of this fee shall cease once the total amount of
1725proceeds collected for this fee reaches the amount of the actual
1726moneys necessary to design and construct the water treatment
1727plant upgrade, as determined in an open, public solicitation
1728process. Any limerock or sand that is used within the mine from
1729which the limerock or sand is extracted is exempt from the fees.
1730The amount of the mitigation fee and the water treatment plant
1731upgrade fee imposed under this section must be stated separately
1732on the invoice provided to the purchaser of the limerock or sand
1733product from the limerock or sand miner, or its subsidiary or
1734affiliate, for which the fee or fees apply. The limerock or sand
1735miner, or its subsidiary or affiliate, who sells the limerock or
1736sand product shall collect the mitigation fee and the water
1737treatment plant upgrade fee and forward the proceeds of the fees
1738to the Department of Revenue on or before the 20th day of the
1739month following the calendar month in which the sale occurs.
1740     (5)  Each January 1, beginning January 1, 2010, through
1741December 31, 2011 and each January 1 thereafter, the per-ton
1742mitigation fee shall be increased by 2.1 percentage points, plus
1743a cost growth index. The cost growth index shall be the
1744percentage change in the weighted average of the Employment Cost
1745Index for All Civilian Workers (ecu 10001I), issued by the
1746United States Department of Labor for the most recent 12-month
1747period ending on September 30, and the percentage change in the
1748Producer Price Index for All Commodities (WPU 00000000), issued
1749by the United States Department of Labor for the most recent 12-
1750month period ending on September 30, compared to the weighted
1751average of these indices for the previous year. The weighted
1752average shall be calculated as 0.6 times the percentage change
1753in the Employment Cost Index for All Civilian Workers (ecu
175410001I), plus 0.4 times the percentage change in the Producer
1755Price Index for All Commodities (WPU 00000000). If either index
1756is discontinued, it shall be replaced by its successor index, as
1757identified by the United States Department of Labor.
1758     (9)
1759     (b)  No sooner than January 31, 2010, and no more
1760frequently than every 2 5 years thereafter, the interagency
1761committee shall submit to the Legislature a report recommending
1762any needed adjustments to the mitigation fee, including the
1763annual escalator provided for in subsection (5), to ensure that
1764the revenue generated reflects the actual costs of the
1765mitigation.
1766     Section 37.  Subsection (1) of section 403.4131, Florida
1767Statutes, is amended to read:
1768     403.4131  Litter control.-
1769     (1)  The Department of Transportation shall establish an
1770"adopt-a-highway" program to allow local organizations to be
1771identified with specific highway cleanup and highway
1772beautification projects authorized under s. 339.2405. The
1773department shall report to the Governor and the Legislature on
1774the progress achieved and the savings incurred by the "adopt-a-
1775highway" program. The department shall also monitor and report
1776on compliance with the provisions of the adopt-a-highway program
1777to ensure that organizations participating that participate in
1778the program comply with the goals identified by the department.
1779     Section 38.  Section 479.01, Florida Statutes, is amended
1780to read:
1781     479.01  Definitions.-As used in this chapter, the term:
1782     (1)  "Allowable uses" means those uses that are authorized
1783within a zoning category without the requirement to obtain a
1784variance or waiver. The term includes conditional uses and those
1785allowed by special exception, but does not include uses that are
1786accessory, incidental to the allowable uses, or allowed only on
1787a temporary basis.
1788     (2)(1)  "Automatic changeable facing" means a facing that
1789is capable of delivering two or more advertising messages
1790through an automated or remotely controlled process.
1791     (3)(2)  "Business of outdoor advertising" means the
1792business of constructing, erecting, operating, using,
1793maintaining, leasing, or selling outdoor advertising structures,
1794outdoor advertising signs, or outdoor advertisements.
1795     (4)(3)  "Commercial or industrial zone" means a parcel of
1796land designated for commercial or industrial uses use under both
1797the future land use map of the comprehensive plan and the land
1798use development regulations adopted pursuant to chapter 163. If
1799a parcel is located in an area designated for multiple uses on
1800the future land use map of a comprehensive plan and the zoning
1801category of the land development regulations does do not clearly
1802designate that parcel for a specific use, the area will be
1803considered an unzoned commercial or industrial area if it meets
1804the criteria of subsection (26) (23).
1805     (5)  "Commercial use" means activities associated with the
1806sale, rental, or distribution of products or the performance of
1807services. The term includes, without limitation, such uses or
1808activities as retail sales; wholesale sales; rentals of
1809equipment, goods, or products; offices; restaurants; food
1810service vendors; sports arenas; theaters; and tourist
1811attractions.
1812     (6)(4)  "Controlled area" means shall mean 660 feet or less
1813from the nearest edge of the right-of-way of any portion of the
1814State Highway System, interstate, or federal-aid primary system
1815and beyond 660 feet of the nearest edge of the right-of-way of
1816any portion of the State Highway System, interstate, or federal-
1817aid primary system outside an urban area.
1818     (7)(5)  "Department" means the Department of
1819Transportation.
1820     (8)(6)  "Erect" means to construct, build, raise, assemble,
1821place, affix, attach, create, paint, draw, or in any other way
1822bring into being or establish; but it does not include any of
1823the foregoing activities when performed as an incident to the
1824change of advertising message or customary maintenance or repair
1825of a sign.
1826     (9)(7)  "Federal-aid primary highway system" means the
1827existing, unbuilt, or unopened system of highways or portions
1828thereof, which shall include the National Highway System,
1829designated as the federal-aid primary highway system by the
1830department.
1831     (10)(8)  "Highway" means any road, street, or other way
1832open or intended to be opened to the public for travel by motor
1833vehicles.
1834     (11)  "Industrial use" means activities associated with the
1835manufacture, assembly, processing, or storage of products or the
1836performance of services relating thereto. The term includes,
1837without limitation, such uses or activities as automobile
1838manufacturing or repair, boat manufacturing or repair, junk
1839yards, meat packing facilities, citrus processing and packing
1840facilities, produce processing and packing facilities,
1841electrical generating plants, water treatment plants, sewage
1842treatment plants, and solid waste disposal sites.
1843     (12)(9)  "Interstate highway system" means the existing,
1844unbuilt, or unopened system of highways or portions thereof
1845designated as the national system of interstate and defense
1846highways by the department.
1847     (13)(10)  "Main-traveled way" means the traveled way of a
1848highway on which through traffic is carried. In the case of a
1849divided highway, the traveled way of each of the separate
1850roadways for traffic in opposite directions is a main-traveled
1851way. It does not include such facilities as frontage roads,
1852turning roadways which specifically include on-ramps or off-
1853ramps to the interstate highway system, or parking areas.
1854     (14)(11)  "Maintain" means to allow to exist.
1855     (15)(12)  "Motorist services directional signs" means signs
1856providing directional information about goods and services in
1857the interest of the traveling public where such signs were
1858lawfully erected and in existence on or before May 6, 1976, and
1859continue to provide directional information to goods and
1860services in a defined area.
1861     (16)(13)  "New highway" means the construction of any road,
1862paved or unpaved, where no road previously existed or the act of
1863paving any previously unpaved road.
1864     (17)(14)  "Nonconforming sign" means a sign which was
1865lawfully erected but which does not comply with the land use,
1866setback, size, spacing, and lighting provisions of state or
1867local law, rule, regulation, or ordinance passed at a later date
1868or a sign which was lawfully erected but which later fails to
1869comply with state or local law, rule, regulation, or ordinance
1870due to changed conditions.
1871     (18)(15)  "Premises" means all the land areas under
1872ownership or lease arrangement to the sign owner which are
1873contiguous to the business conducted on the land except for
1874instances where such land is a narrow strip contiguous to the
1875advertised activity or is connected by such narrow strip, the
1876only viable use of such land is to erect or maintain an
1877advertising sign. When the sign owner is a municipality or
1878county, "premises" shall mean all lands owned or leased by such
1879municipality or county within its jurisdictional boundaries as
1880set forth by law.
1881     (19)(16)  "Remove" means to disassemble, transport from the
1882site, and dispose of sign materials by sale or destruction.
1883     (20)(17)  "Sign" means any combination of structure and
1884message in the form of an outdoor sign, display, device, figure,
1885painting, drawing, message, placard, poster, billboard,
1886advertising structure, advertisement, logo, symbol, or other
1887form, whether placed individually or on a V-type, back-to-back,
1888side-to-side, stacked, or double-faced display or automatic
1889changeable facing, designed, intended, or used to advertise or
1890inform, any part of the advertising message or informative
1891contents of which is visible from any place on the main-traveled
1892way. The term does not include an official traffic control sign,
1893official marker, or specific information panel erected, caused
1894to be erected, or approved by the department.
1895     (21)(18)  "Sign direction" means that direction from which
1896the message or informative contents are most visible to oncoming
1897traffic on the main-traveled way.
1898     (22)(19)  "Sign face" means the part of the sign, including
1899trim and background, which contains the message or informative
1900contents.
1901     (23)(20)  "Sign facing" includes all sign faces and
1902automatic changeable faces displayed at the same location and
1903facing the same direction.
1904     (24)(21)  "Sign structure" means all the interrelated parts
1905and material, such as beams, poles, and stringers, which are
1906constructed for the purpose of supporting or displaying a
1907message or informative contents.
1908     (25)(22)  "State Highway System" means the existing,
1909unbuilt, or unopened system of highways or portions thereof
1910designated as the State Highway System by the department.
1911     (26)(23)  "Unzoned commercial or industrial area" means a
1912parcel of land designated by the future land use map of the
1913comprehensive plan for multiple uses that include commercial or
1914industrial uses but are not specifically designated for
1915commercial or industrial uses under the land development
1916regulations, in which three or more separate and distinct
1917conforming industrial or commercial activities are located.
1918     (a)  These activities must satisfy the following criteria:
1919     1.  At least one of the commercial or industrial activities
1920must be located on the same side of the highway and within 800
1921feet of the sign location;
1922     2.  The commercial or industrial activities must be within
1923660 feet from the nearest edge of the right-of-way; and
1924     3.  The commercial industrial activities must be within
19251,600 feet of each other.
1926
1927Distances specified in this paragraph must be measured from the
1928nearest outer edge of the primary building or primary building
1929complex when the individual units of the complex are connected
1930by covered walkways.
1931     (b)  Certain activities, including, but not limited to, the
1932following, may not be so recognized as commercial or industrial
1933activities:
1934     1.  Signs.
1935     2.  Agricultural, forestry, ranching, grazing, farming, and
1936related activities, including, but not limited to, wayside fresh
1937produce stands.
1938     3.  Transient or temporary activities.
1939     4.  Activities not visible from the main-traveled way.
1940     5.  Activities conducted more than 660 feet from the
1941nearest edge of the right-of-way.
1942     6.  Activities conducted in a building principally used as
1943a residence.
1944     7.  Railroad tracks and minor sidings.
1945     8.  Communication towers.
1946     (27)(24)  "Urban area" has the same meaning as defined in
1947s. 334.03(29)(32).
1948     (28)(25)  "Visible commercial or industrial activity" means
1949a commercial or industrial activity that is capable of being
1950seen without visual aid by a person of normal visual acuity from
1951the main-traveled way and that is generally recognizable as
1952commercial or industrial.
1953     (29)(26)  "Visible sign" means that the advertising message
1954or informative contents of a sign, whether or not legible, is
1955capable of being seen without visual aid by a person of normal
1956visual acuity.
1957     (30)(27)  "Wall mural" means a sign that is a painting or
1958an artistic work composed of photographs or arrangements of
1959color and that displays a commercial or noncommercial message,
1960relies solely on the side of the building for rigid structural
1961support, and is painted on the building or depicted on vinyl,
1962fabric, or other similarly flexible material that is held in
1963place flush or flat against the surface of the building. The
1964term excludes a painting or work placed on a structure that is
1965erected for the sole or primary purpose of signage.
1966     (31)  "Zoning category" means the designation under the
1967land development regulations or other similar ordinance enacted
1968to regulate the use of land as provided in s. 163.3202(2)(b),
1969which designation sets forth the allowable uses, restrictions,
1970and limitations on use applicable to properties within the
1971category.
1972     Section 39.  Paragraph (c) of subsection (9) of section
1973479.07, Florida Statutes, is amended to read:
1974     479.07  Sign permits.-
1975     (9)
1976     (c)  Notwithstanding subparagraph (a)1., there is
1977established a pilot program in Orange, Hillsborough, and Osceola
1978Counties, and within the boundaries of the City of Miami, under
1979which the distance between permitted signs on the same side of
1980an interstate highway may be reduced to 1,000 feet if all other
1981requirements of this chapter are met and if:
1982     1.  The local government has adopted a plan, program,
1983resolution, ordinance, or other policy encouraging the voluntary
1984removal of signs in a downtown, historic, redevelopment, infill,
1985or other designated area which also provides for a new or
1986replacement sign to be erected on an interstate highway within
1987that jurisdiction if a sign in the designated area is removed;
1988     2.  The sign owner and the local government mutually agree
1989to the terms of the removal and replacement; and
1990     3.  The local government notifies the department of its
1991intention to allow such removal and replacement as agreed upon
1992pursuant to subparagraph 2.
1993     4.  The new or replacement sign to be erected on an
1994interstate highway within that jurisdiction is to be located on
1995a parcel of land specifically designated for commercial or
1996industrial use under both the future land use map of the
1997comprehensive plan and the land use development regulations
1998adopted pursuant to chapter 163 and such parcel shall not be
1999subject to an evaluation in accordance with the criteria set
2000forth in the s. 479.01(26) to determine if the parcel can be
2001considered an unzoned commercial or industrial area.
2002
2003The department shall maintain statistics tracking the use of the
2004provisions of this pilot program based on the notifications
2005received by the department from local governments under this
2006paragraph.
2007     Section 40.  Subsections (1) and (5) of section 479.261,
2008Florida Statutes, are amended to read:
2009     479.261  Logo sign program.-
2010     (1)  The department shall establish a logo sign program for
2011the rights-of-way of the interstate highway system to provide
2012information to motorists about available gas, food, lodging,
2013camping, attractions, and other services, as approved by the
2014Federal Highway Administration, at interchanges through the use
2015of business logos and may include additional interchanges under
2016the program.
2017     (a)  As used in this chapter, the term "attraction" means
2018an establishment, site, facility, or landmark that is open a
2019minimum of 5 days a week for 52 weeks a year; that has as its
2020principal focus family-oriented entertainment, cultural,
2021educational, recreational, scientific, or historical activities;
2022and that is publicly recognized as a bona fide tourist
2023attraction.
2024     (b)  The department shall incorporate the use of RV-
2025friendly markers on specific information logo signs for
2026establishments that cater to the needs of persons driving
2027recreational vehicles. Establishments that qualify for
2028participation in the specific information logo program and that
2029also qualify as "RV-friendly" may request the RV-friendly marker
2030on their specific information logo sign. An RV-friendly marker
2031must consist of a design approved by the Federal Highway
2032Administration. The department shall adopt rules in accordance
2033with chapter 120 to administer this paragraph, including rules
2034setting forth the minimum requirements that establishments must
2035meet in order to qualify as RV-friendly. These requirements
2036shall include large parking spaces, entrances, and exits that
2037can easily accommodate recreational vehicles and facilities
2038having appropriate overhead clearances, if applicable.
2039     (c)  The department may implement a 3-year, rotation-based
2040logo program providing for the removal and addition of
2041participating businesses in the program.
2042     (5)  At a minimum, permit fees for businesses that
2043participate in the program must be established in an amount
2044sufficient to offset the total cost to the department for the
2045program, including contract costs. The department shall provide
2046the services in the most efficient and cost-effective manner
2047through department staff or by contracting for some or all of
2048the services. The department shall adopt rules that set
2049reasonable rates based upon factors such as population, traffic
2050volume, market demand, and costs for annual permit fees.
2051However, annual permit fees for sign locations inside an urban
2052area, as defined in s. 334.03(32), may not exceed $3,500 $5,000,
2053and annual permit fees for sign locations outside an urban area,
2054as defined in s. 334.03(32), may not exceed $2,000 $2,500. After
2055recovering program costs, the proceeds from the annual permit
2056fees shall be deposited into the State Transportation Trust Fund
2057and used for transportation purposes.
2058     Section 41.  Sections 479.01, 479.015, 479.02, 479.03,
2059479.04, 479.05, 479.07, 479.08, 479.10, 479.105, 479.106,
2060479.107, 479.11, 479.111, 479.12, 479.14, 479.15, 479.155,
2061479.156, 479.16, 479.21, 479.24, and 479.25, Florida Statutes,
2062are designated as part I of chapter 479, Florida Statutes, and
2063entitled "General Provisions."
2064     Section 42.  Sections 479.261, 479.262, 479.27, 479.28, and
2065479.30, Florida Statutes, are designated as part II of chapter
2066479, Florida Statutes, and entitled "Special Programs."
2067     Section 43.  Part III of chapter 479, Florida Statutes,
2068consisting of sections 479.310, 479.311, 479.312, 479.313, and
2069479.315, is created to read:
2070
PART III
2071
SIGN REMOVAL
2072     479.310  Unpermitted and illegal signs; intent.-It is the
2073intent of this part to relieve the department from the financial
2074burden incurred in the removal of unpermitted and illegal signs
2075located within the right-of-way of and controlled areas adjacent
2076to the State Highway System, interstate highway system, and
2077federal-aid primary highway system; to place the financial
2078responsibility for the cost of such removal directly upon those
2079benefiting from the location and operation of such unpermitted
2080and illegal signs; and to provide clear authority to the
2081department for the recovery of cost incurred by the department
2082in the removal of such unpermitted and illegal signs.
2083     479.311  Jurisdiction; venue.-The county court shall have
2084jurisdiction concurrent with the circuit court to consider
2085claims filed by the department in amounts which are within their
2086jurisdictional limitations. For the purposes of a claim filed by
2087the department to recover its cost as provided in this section,
2088venue shall be Leon County.
2089     479.312  Unpermitted signs; cost of removal.-All costs
2090incurred by the department in connection with the removal of a
2091sign located within a controlled area adjacent to the State
2092Highway System, interstate highway system, or federal-aid
2093primary highway system which has not been issued a permit under
2094part I shall be assessed against and collected from the owner of
2095the sign, the advertiser displayed on the sign, or the owner of
2096the property upon which the sign is located. For the purposes of
2097this section, a sign that does not display the name of the sign
2098owner shall be presumed to be owned by the owner of the property
2099upon which the sign is located.
2100     479.313  Permit revocation; cost of removal.-All costs
2101incurred by the department in connection with the removal of a
2102sign located within a controlled area adjacent to the State
2103Highway System, interstate highway system, or federal-aid
2104primary highway system following the revocation of the permit
2105for such sign shall be assessed against and collected from the
2106permittee.
2107     479.315  Highway rights-of way; cost of sign removal.-All
2108cost incurred by the department in connection with the removal
2109of a sign located within the right-of-way of the State Highway
2110System, interstate highway system, or federal-aid primary
2111highway system shall be assessed against and collected from the
2112owner of the sign or the advertiser displayed on the sign.
2113     Section 44.  Section 705.18, Florida Statutes, is amended
2114to read:
2115     705.18  Disposal of personal property lost or abandoned on
2116university or community college campuses or certain public-use
2117airports; disposition of proceeds from sale thereof.-
2118     (1)  Whenever any lost or abandoned personal property shall
2119be found on a campus of an institution in the State University
2120System or a campus of a state-supported community college, or on
2121premises owned or controlled by the operator of a public-use
2122airport having regularly scheduled international passenger
2123service, the president of the institution or the president's
2124designee or the director of the airport or the director's
2125designee shall take charge of the property thereof and make a
2126record of the date such property was found. If, within 30 days
2127after such property is found, or a longer period of time as may
2128be deemed appropriate by the president or the director under the
2129circumstances, the property it is not claimed by the owner, the
2130president or director shall order it sold at public outcry after
2131giving notice of the time and place of sale in a publication of
2132general circulation on the campus of such institution or within
2133the county where the airport is located and written notice to
2134the owner if known. The rightful owner of such property may
2135reclaim the same at any time prior to sale.
2136     (2)  All moneys realized from such institution's sale shall
2137be placed in an appropriate fund and used solely for student
2138scholarship and loan purposes. All moneys realized from such
2139sale by an airport, less its costs of storage, transportation,
2140and publication of notice, shall, unless another use is required
2141by federal law, be deposited into the state school fund.
2142     Section 45.  Section 705.182, Florida Statutes, is created
2143to read:
2144     705.182  Disposal of personal property found on the
2145premises of public-use airports.-
2146     (1)  Whenever any personal property, other than an aircraft
2147or motor vehicle, is found on premises owned or controlled by
2148the operator of a public-use airport, the director of the
2149airport or the director's designee shall take charge of the
2150property and make a record of the date such property was found.
2151     (2)  If, within 30 calendar days after such property is
2152found or for a longer period of time as may be deemed
2153appropriate by the director or the director's designee under the
2154circumstances, the property is not claimed by the owner, the
2155director or the director's designee may:
2156     (a)  Retain any or all of the property for use by the
2157airport or for use by the state or the unit of local government
2158owning or operating the airport;
2159     (b)  Trade such property to another unit of local
2160government or a state agency;
2161     (c)  Donate the property to a charitable organization;
2162     (d)  Sell the property; or
2163     (e)  Dispose of the property through an appropriate refuse
2164removal company or a company that provides salvage services for
2165the type of personal property found or located on the airport
2166premises.
2167     (3)  The airport shall notify the owner, if known, of the
2168property found on the airport premises and that the airport
2169intends to dispose of the property as provided in subsection
2170(2).
2171     (4)  If the airport elects to sell the property under
2172paragraph (2)(d), the property must be sold at a public auction
2173either on the Internet or at a specified physical location after
2174giving notice of the time and place of sale, at least 10
2175calendar days prior to the date of sale, in a publication of
2176general circulation within the county where the airport is
2177located and after written notice, via certified mail, return
2178receipt requested, is provided to the owner, if known. Any such
2179notice shall be sufficient if the notice refers to the airport's
2180intention to sell all then-accumulated found property, and there
2181is no requirement that the notice identify each item to be sold.
2182The rightful owner of such property may reclaim the property at
2183any time prior to sale by presenting acceptable evidence of
2184ownership to the airport director or the director's designee.
2185All proceeds from the sale of the property shall be retained by
2186the airport for use by the airport in any lawfully authorized
2187manner.
2188     (5)  Nothing in this section shall preclude the airport
2189from allowing a domestic or international air carrier or other
2190tenant, on premises owned or controlled by the operator of a
2191public-use airport, to establish its own lost and found
2192procedures for personal property and to dispose of such personal
2193property.
2194     (6)  A purchaser or recipient in good faith of personal
2195property sold or obtained under this section shall take the
2196property free of the rights of persons then holding any legal or
2197equitable interest thereto, whether or not recorded.
2198     Section 46.  Section 705.183, Florida Statutes, is created
2199to read:
2200     705.183  Disposal of derelict or abandoned aircraft on the
2201premises of public-use airports.-
2202     (1)(a)  Whenever any derelict or abandoned aircraft is
2203found or located on premises owned or controlled by the operator
2204of a public-use airport, whether or not such premises are under
2205a lease or license to a third party, the director of the airport
2206or the director's designee shall make a record of the date the
2207aircraft was found or determined to be present on the airport
2208premises.
2209     (b)  For purposes of this section, the term:
2210     1.  "Abandoned aircraft" means an aircraft that has been
2211disposed of on a public-use airport in a wrecked, inoperative,
2212or partially dismantled condition or an aircraft that has
2213remained in an idle state on premises owned or controlled by the
2214operator of a public-use airport for 45 consecutive calendar
2215days.
2216     2.  "Derelict aircraft" means any aircraft that is not in a
2217flyable condition, does not have a current certificate of air
2218worthiness issued by the Federal Aviation Administration, and is
2219not in the process of actively being repaired.
2220     (2)  The director or the director's designee shall contact
2221the Federal Aviation Administration, Aircraft Registration
2222Branch, to determine the name and address of the last registered
2223owner of the aircraft and shall make a diligent personal search
2224of the appropriate records, or contact an aircraft title search
2225company, to determine the name and address of any person having
2226an equitable or legal interest in the aircraft. Within 10
2227business days after receipt of the information, the director or
2228the director's designee shall notify the owner and all persons
2229having an equitable or legal interest in the aircraft by
2230certified mail, return receipt requested, of the location of the
2231derelict or abandoned aircraft on the airport premises, that
2232fees and charges for the use of the airport by the aircraft have
2233accrued and the amount thereof, that the aircraft is subject to
2234a lien under subsection (5) for the accrued fees and charges for
2235the use of the airport and for the transportation, storage, and
2236removal of the aircraft, that the lien is subject to enforcement
2237pursuant to law, and that the airport may cause the use, trade,
2238sale, or removal of the aircraft as described in s.
2239705.182(2)(a), (b), (d), or (e) if, within 30 calendar days
2240after the date of receipt of such notice, the aircraft has not
2241been removed from the airport upon payment in full of all
2242accrued fees and charges for the use of the airport and for the
2243transportation, storage, and removal of the aircraft. Such
2244notice may require removal of the aircraft in less than 30
2245calendar days if the aircraft poses a danger to the health or
2246safety of users of the airport, as determined by the director or
2247the director's designee.
2248     (3)  If the owner of the aircraft is unknown or cannot be
2249found, the director or the director's designee shall cause a
2250laminated notice to be placed upon such aircraft in
2251substantially the following form:
2252
2253NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
2254PROPERTY. This property, to wit: ...(setting forth brief
2255description)... is unlawfully upon public property known as
2256...(setting forth brief description of location)... and has
2257accrued fees and charges for the use of the ...(same description
2258of location as above)... and for the transportation, storage,
2259and removal of the property. These accrued fees and charges must
2260be paid in full and the property must be removed within 30
2261calendar days after the date of this notice; otherwise, the
2262property will be removed and disposed of pursuant to chapter
2263705, Florida Statutes. The property is subject to a lien for all
2264accrued fees and charges for the use of the public property
2265known as ...(same description of location as above)... by such
2266property and for all fees and charges incurred by the public
2267property known as ...(same description of location as above)...
2268for the transportation, storage, and removal of the property.
2269This lien is subject to enforcement pursuant to law. The owner
2270will be liable for such fees and charges, as well as the cost
2271for publication of this notice. Dated this: ...(setting forth
2272the date of posting of notice)..., signed: ...(setting forth
2273name, title, address, and telephone number of law enforcement
2274officer)....
2275
2276Such notice shall be not less than 8 inches by 10 inches and
2277shall be sufficiently weatherproof to withstand normal exposure
2278to the weather. If, at the end of 30 calendar days after posting
2279the notice, the owner or any person interested in the described
2280derelict or abandoned aircraft has not removed the aircraft from
2281the airport upon payment in full of all accrued fees and charges
2282for the use of the airport and for the transportation, storage,
2283and removal of the aircraft, or shown reasonable cause for
2284failure to do so, the director or the director's designee may
2285cause the use, trade, sale, or removal of the aircraft as
2286described in s. 705.182(2)(a), (b), (d), or (e).
2287     (4)  Such aircraft shall be removed within the time period
2288specified in the notice provided under subsection (2) or
2289subsection (3). If, at the end of such period of time, the owner
2290or any person interested in the described derelict or abandoned
2291aircraft has not removed the aircraft from the airport upon
2292payment in full of all accrued fees and charges for the use of
2293the airport and for the transportation, storage, and removal of
2294the aircraft, or shown reasonable cause for the failure to do
2295so, the director or the director's designee may cause the use,
2296trade, sale, or removal of the aircraft as described in s.
2297705.182(2)(a), (b), (d), or (e).
2298     (a)  If the airport elects to sell the aircraft in
2299accordance with s. 705.182(2)(d), the aircraft must be sold at
2300public auction after giving notice of the time and place of
2301sale, at least 10 calendar days prior to the date of sale, in a
2302publication of general circulation within the county where the
2303airport is located and after providing written notice of the
2304intended sale to all parties known to have an interest in the
2305aircraft.
2306     (b)  If the airport elects to dispose of the aircraft in
2307accordance with s. 705.182(2)(e), the airport shall be entitled
2308to negotiate with the company for a price to be received from
2309such company in payment for the aircraft, or, if circumstances
2310so warrant, a price to be paid to such company by the airport
2311for the costs of disposing of the aircraft. All information
2312pertaining to the establishment of such price and the
2313justification for the amount of such price shall be prepared and
2314maintained by the airport, and such negotiated price shall be
2315deemed to be a commercially reasonable price.
2316     (c)  If the sale price or the negotiated price is less than
2317the airport's then current charges and costs against the
2318aircraft, or if the airport is required to pay the salvage
2319company for its services, the owner of the aircraft shall remain
2320liable to the airport for the airport's costs that are not
2321offset by the sale price or negotiated price, in addition to the
2322owner's liability for payment to the airport of the price the
2323airport was required to pay any salvage company. All costs
2324incurred by the airport in the removal, storage, and sale of any
2325aircraft shall be recoverable against the owner of the aircraft.
2326     (5)  The airport shall have a lien on a derelict or
2327abandoned aircraft for all fees and charges for the use of the
2328airport by such aircraft and for all fees and charges incurred
2329by the airport for the transportation, storage, and removal of
2330the aircraft. As a prerequisite to perfecting a lien under this
2331section, the airport director or the director's designee must
2332serve a notice in accordance with subsection (2) on the last
2333registered owner and all persons having an equitable or legal
2334interest in the aircraft. Serving the notice does not dispense
2335with recording the claim of lien.
2336     (6)(a)  For the purpose of perfecting its lien under this
2337section, the airport shall record a claim of lien which shall
2338state:
2339     1.  The name and address of the airport.
2340     2.  The name of the last registered owner of the aircraft
2341and all persons having a legal or equitable interest in the
2342aircraft.
2343     3.  The fees and charges incurred by the aircraft for the
2344use of the airport and the fees and charges for the
2345transportation, storage, and removal of the aircraft.
2346     4.  A description of the aircraft sufficient for
2347identification.
2348     (b)  The claim of lien shall be signed and sworn to or
2349affirmed by the airport director or the director's designee.
2350     (c)  The claim of lien shall be sufficient if it is in
2351substantially the following form:
2352
2353
CLAIM OF LIEN
2354State of ______
2355County of ______
2356Before me, the undersigned notary public, personally appeared
2357______, who was duly sworn and says that he/she is the
2358________of ________, whose address is________; and that the
2359following described aircraft:
2360...(Description of aircraft)...
2361owned by __________, whose address is ____________, has accrued
2362$___________in fees and charges for the use by the aircraft of
2363______________ and for the transportation, storage, and removal
2364of the aircraft from _______________; that the lienor served its
2365notice to the last registered owner and all persons having a
2366legal or equitable interest in the aircraft on ____,
2367...(year)..., by________.
2368...(Signature)...
2369Sworn to (or affirmed) and subscribed before me this _____day
2370of___, ...(year)..., by ...(name of person making statement)....
2371...(Signature of Notary Public)... ...(Print, Type, or Stamp
2372Commissioned name of Notary Public)...
2373Personally Known___OR Produced_____as identification.
2374
2375However, the negligent inclusion or omission of any information
2376in this claim of lien which does not prejudice the last
2377registered owner does not constitute a default that operates to
2378defeat an otherwise valid lien.
2379     (d)  The claim of lien shall be served on the last
2380registered owner of the aircraft and all persons having an
2381equitable or legal interest in the aircraft. The claim of lien
2382shall be so served before recordation.
2383     (e)  The claim of lien shall be recorded with the clerk of
2384court in the county where the airport is located. The recording
2385of the claim of lien shall be constructive notice to all persons
2386of the contents and effect of such claim. The lien shall attach
2387at the time of recordation and shall take priority as of that
2388time.
2389     (7)  A purchaser or recipient in good faith of an aircraft
2390sold or obtained under this section takes the property free of
2391the rights of persons then holding any legal or equitable
2392interest to the aircraft, whether or not recorded. The purchaser
2393or recipient is required to notify the appropriate Federal
2394Aviation Administration office of such change in the registered
2395owner of the aircraft.
2396     (8)  If the aircraft is sold at public sale, the airport
2397shall deduct from the proceeds of sale the costs of
2398transportation, storage, publication of notice, and all other
2399costs reasonably incurred by the airport, and any balance of the
2400proceeds shall be deposited into an interest-bearing account not
2401later than 30 calendar days after the airport's receipt of the
2402proceeds and held there for 1 year. The rightful owner of the
2403aircraft may claim the balance of the proceeds within 1 year
2404after the date of the deposit by making application to the
2405airport and presenting acceptable written evidence of ownership
2406to the airport's director or the director's designee. If no
2407rightful owner claims the proceeds within the 1-year period, the
2408balance of the proceeds shall be retained by the airport to be
2409used in any manner authorized by law.
2410     (9)  Any person acquiring a legal interest in an aircraft
2411that is sold by an airport under this section or s. 705.182
2412shall be the lawful owner of such aircraft and all other legal
2413or equitable interests in such aircraft shall be divested and of
2414no further force and effect, provided that the holder of any
2415such legal or equitable interests was notified of the intended
2416disposal of the aircraft to the extent required in this section.
2417The airport may issue documents of disposition to the purchaser
2418or recipient of an aircraft disposed of under this section.
2419     Section 47.  Section 705.184, Florida Statutes, is created
2420to read:
2421     705.184  Derelict or abandoned motor vehicles on the
2422premises of public-use airports.-
2423     (1)(a)  Whenever any derelict or abandoned motor vehicle is
2424found on premises owned or controlled by the operator of a
2425public-use airport, including airport premises leased to a third
2426party, the director of the airport or the director's designee
2427may take charge of the motor vehicle and make a record of the
2428date such motor vehicle was found.
2429     (b)  For purposes of this section, the term:
2430     1.  "Abandoned motor vehicle" means a motor vehicle that
2431has been disposed of on a public-use airport in a wrecked,
2432inoperative, or partially dismantled condition or a motor
2433vehicle that has remained in an idle state on the premises of a
2434public-use airport for 45 consecutive calendar days.
2435     2.  "Derelict motor vehicle" means any motor vehicle that
2436is not in a drivable condition.
2437     (c)  After the information relating to the abandoned or
2438derelict motor vehicle is recorded in the airport's records, the
2439director or the director's designee may cause the motor vehicle
2440to be removed from airport premises by the airport's wrecker or
2441by a licensed independent wrecker company to be stored at a
2442suitable location on or off the airport premises. If the motor
2443vehicle is to be removed from airport premises by the airport's
2444wrecker, the airport must follow the procedures in subsections
2445(2)-(8). The procedures in subsections (2)-(8) do not apply if
2446the motor vehicle is removed from the airport premises by a
2447licensed independent wrecker company, and the licensed wrecking
2448company shall comply with s. 713.78.
2449     (2)  The airport director or the director's designee shall
2450contact the Department of Highway Safety and Motor Vehicles to
2451notify that department that the airport has possession of the
2452abandoned or derelict motor vehicle and to determine the name
2453and address of the owner of the motor vehicle, the insurance
2454company insuring the motor vehicle, notwithstanding the
2455provisions of s. 627.736, and any person who has filed a lien on
2456the motor vehicle. Within 7 business days after receipt of the
2457information, the director or the director's designee shall send
2458notice by certified mail, return receipt requested, to the owner
2459of the motor vehicle, the insurance company insuring the motor
2460vehicle, notwithstanding the provisions of s. 627.736, and all
2461persons of record claiming a lien against the motor vehicle. The
2462notice shall state the fact of possession of the motor vehicle,
2463that charges for reasonable towing, storage, and parking fees,
2464if any, have accrued and the amount thereof, that a lien as
2465provided in subsection (6) will be claimed, that the lien is
2466subject to enforcement pursuant to law, that the owner or
2467lienholder, if any, has the right to a hearing as set forth in
2468subsection (4), and that any motor vehicle which, at the end of
246930 calendar days after receipt of the notice, has not been
2470removed from the airport upon payment in full of all accrued
2471charges for reasonable towing, storage, and parking fees, if
2472any, may be disposed of as provided in s. 705.182(2)(a), (b),
2473(d), or (e), including, but not limited to, the motor vehicle
2474being sold free of all prior liens after 35 calendar days after
2475the time the motor vehicle is stored if any prior liens on the
2476motor vehicle are more than 5 years of age or after 50 calendar
2477days after the time the motor vehicle is stored if any prior
2478liens on the motor vehicle are 5 years of age or less.
2479     (3)  If attempts to notify the owner or lienholder pursuant
2480to subsection (2) are not successful, the requirement of notice
2481by mail shall be considered met and the director or the
2482director's designee, in accordance with subsection (5), may
2483cause the motor vehicle to be disposed of as provided in s.
2484705.182(2)(a), (b), (d), or (e), including, but not limited to,
2485the motor vehicle being sold free of all prior liens after 35
2486calendar days after the time the motor vehicle is stored if any
2487prior liens on the motor vehicle are more than 5 years of age or
2488after 50 calendar days after the time the motor vehicle is
2489stored if any prior liens on the motor vehicle are 5 years of
2490age or less.
2491     (4)(a)  The owner of, or any person with a lien on, a motor
2492vehicle removed pursuant to subsection (1), may, within 10
2493calendar days after the time he or she has knowledge of the
2494location of the motor vehicle, file a complaint in the county
2495court of the county in which the motor vehicle is stored to
2496determine if his or her property was wrongfully taken or
2497withheld.
2498     (b)  Upon filing a complaint, an owner or lienholder may
2499have his or her motor vehicle released upon posting with the
2500court a cash or surety bond or other adequate security equal to
2501the amount of the fees for towing, storage, and accrued parking,
2502if any, to ensure the payment of such fees in the event he or
2503she does not prevail. Upon the posting of the bond or other
2504adequate security and the payment of any applicable fee, the
2505clerk of the court shall issue a certificate notifying the
2506airport of the posting of the bond or other adequate security
2507and directing the airport to release the motor vehicle. At the
2508time of such release, after reasonable inspection, the owner or
2509lienholder shall give a receipt to the airport reciting any
2510claims he or she has for loss or damage to the motor vehicle or
2511the contents of the motor vehicle.
2512     (5)  If, after 30 calendar days after receipt of the
2513notice, the owner or any person claiming a lien has not removed
2514the motor vehicle from its storage location upon payment in full
2515of all accrued charges for reasonable towing, storage, and
2516parking fees, if any, or shown reasonable cause for the failure
2517to do so, the airport director or the director's designee may
2518dispose of the motor vehicle as provided in s. 705.182(2)(a),
2519(b), (d), or (e). If the airport elects to sell the motor
2520vehicle pursuant to s. 705.182(2)(d), the motor vehicle may be
2521sold free of all prior liens after 35 calendar days after the
2522time the motor vehicle is stored if any prior liens on the motor
2523vehicle are more than 5 years of age or after 50 calendar days
2524after the time the motor vehicle is stored if any prior liens on
2525the motor vehicle are 5 years of age or less. The sale shall be
2526a public auction either on the Internet or at a specified
2527physical location. If the date of the sale was not included in
2528the notice required in subsection (2), notice of the sale, sent
2529by certified mail, return receipt requested, shall be given to
2530the owner of the motor vehicle and to all persons claiming a
2531lien on the motor vehicle. Such notice shall be mailed not less
2532than 10 calendar days before the date of the sale. In addition
2533to the notice by mail, public notice of the time and place of
2534the sale at auction shall be made by publishing a notice of the
2535sale at auction one time, at least 10 calendar days prior to the
2536date of sale, in a newspaper of general circulation in the
2537county in which the sale is to be held. All costs incurred by
2538the airport for the towing, storage, and sale of the motor
2539vehicle, as well as all accrued parking fees, if any, shall be
2540recovered by the airport from the proceeds of the sale, and any
2541proceeds of the sale in excess of such costs shall be retained
2542by the airport for use by the airport in any manner authorized
2543by law.
2544     (6)  The airport pursuant to this section or, if used, a
2545licensed independent wrecker company pursuant to s. 713.78 shall
2546have a lien on an abandoned or derelict motor vehicle for all
2547reasonable towing, storage, and accrued parking fees, if any,
2548except that no storage fee shall be charged if the motor vehicle
2549is stored less than 6 hours. As a prerequisite to perfecting a
2550lien under this section, the airport director or the director's
2551designee must serve a notice in accordance with subsection (2)
2552on the owner of the motor vehicle, the insurance company
2553insuring the motor vehicle, notwithstanding the provisions of s.
2554627.736, and all persons of record claiming a lien against the
2555motor vehicle. If attempts to notify the owner, the insurance
2556company insuring the motor vehicle, notwithstanding the
2557provisions of s. 627.736, or lienholders are not successful, the
2558requirement of notice by mail shall be considered met. Serving
2559of the notice does not dispense with recording the claim of
2560lien.
2561     (7)(a)  For the purpose of perfecting its lien under this
2562section, the airport shall record a claim of lien which shall
2563state:
2564     1.  The name and address of the airport.
2565     2.  The name of the owner of the motor vehicle, the
2566insurance company insuring the motor vehicle, notwithstanding
2567the provisions of s. 627.736, and all persons of record claiming
2568a lien against the motor vehicle.
2569     3.  The costs incurred from reasonable towing, storage, and
2570parking fees, if any.
2571     4.  A description of the motor vehicle sufficient for
2572identification.
2573     (b)  The claim of lien shall be signed and sworn to or
2574affirmed by the airport director or the director's designee.
2575     (c)  The claim of lien shall be sufficient if it is in
2576substantially the following form:
2577
2578
CLAIM OF LIEN
2579State of ______
2580County of ______
2581Before me, the undersigned notary public, personally appeared
2582______, who was duly sworn and says that he/she is the
2583________of _____________, whose address is________; and that the
2584following described motor vehicle:
2585...(Description of motor vehicle)...
2586owned by __________, whose address is ____________, has accrued
2587$___________in fees for a reasonable tow, for storage, and for
2588parking, if applicable; that the lienor served its notice to the
2589owner, the insurance company insuring the motor vehicle
2590notwithstanding the provisions of s. 627.736, Florida Statutes,
2591and all persons of record claiming a lien against the motor
2592vehicle on ____, ...(year)..., by________.
2593...(Signature)...
2594Sworn to (or affirmed) and subscribed before me this _____day
2595of___, ...(year)..., by ...(name of person making statement)....
2596...(Signature of Notary Public)... ...(Print, Type, or Stamp
2597Commissioned name of Notary Public)...
2598Personally Known___OR Produced_____as identification.
2599
2600However, the negligent inclusion or omission of any information
2601in this claim of lien which does not prejudice the owner does
2602not constitute a default that operates to defeat an otherwise
2603valid lien.
2604     (d)  The claim of lien shall be served on the owner of the
2605motor vehicle, the insurance company insuring the motor vehicle,
2606notwithstanding the provisions of s. 627.736, and all persons of
2607record claiming a lien against the motor vehicle. If attempts to
2608notify the owner, the insurance company insuring the motor
2609vehicle notwithstanding the provisions of s. 627.736, or
2610lienholders are not successful, the requirement of notice by
2611mail shall be considered met. The claim of lien shall be so
2612served before recordation.
2613     (e)  The claim of lien shall be recorded with the clerk of
2614court in the county where the airport is located. The recording
2615of the claim of lien shall be constructive notice to all persons
2616of the contents and effect of such claim. The lien shall attach
2617at the time of recordation and shall take priority as of that
2618time.
2619     (8)  A purchaser or recipient in good faith of a motor
2620vehicle sold or obtained under this section takes the property
2621free of the rights of persons then holding any legal or
2622equitable interest thereto, whether or not recorded.
2623     Section 48.  Section 479.156, Florida Statutes, is amended
2624to read:
2625     479.156  Wall murals.-Notwithstanding any other provision
2626of this chapter, a municipality or county may permit and
2627regulate wall murals within areas designated by such government.
2628If a municipality or county permits wall murals, a wall mural
2629that displays a commercial message and is within 660 feet of the
2630nearest edge of the right-of-way within an area adjacent to the
2631interstate highway system or the federal-aid primary highway
2632system shall be located in an area that is zoned for industrial
2633or commercial use and the municipality or county shall establish
2634and enforce regulations for such areas that, at a minimum, set
2635forth criteria governing the size, lighting, and spacing of wall
2636murals consistent with the intent of the Highway Beautification
2637Act of 1965 and with customary use. Whenever a municipality or
2638county exercises such control and makes a determination of
2639customary use pursuant to 23 U.S.C. s. 131(d), such
2640determination shall be accepted in lieu of controls in the
2641agreement between the state and the United States Department of
2642Transportation, and the department shall notify the Federal
2643Highway Administration pursuant to the agreement, 23 U.S.C. s.
2644131(d), and 23 C.F.R. s. 750.706(c). A wall mural that is
2645subject to municipal or county regulation and the Highway
2646Beautification Act of 1965 must be approved by the Department of
2647Transportation and the Federal Highway Administration when
2648required by federal law and federal regulation under the
2649agreement between the state and the United States Department of
2650Transportation and federal regulations enforced by the
2651Department of Transportation under s. 479.02(1). The existence
2652of a wall mural as defined in s. 479.01(30)(27) shall not be
2653considered in determining whether a sign as defined in s.
2654479.01(20)(17), either existing or new, is in compliance with s.
2655479.07(9)(a).
2656     Section 49.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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